Portland, Oregon 2021-12-26 23:43:27 –
((((Hill) – The January 6 Election Commission has indicated its intention to investigate potential criminal activity by the former. President Trump, Shows a significant escalation of investigations that could put pressure on the Biden administration.
The panel said it could refer Trump to prosecute the Department of Justice if he found terrible evidence that would be considered an open invitation to the Attorney General. Merrick Garland Be more active towards the former president than in his previous tenure.
manager Liz Cheney At a hearing earlier this month, Vice-Chairman of the Selection Committee (R-Wyo.) First showed that the panel was investigating whether Trump had committed a crime.
Citing a felony obstruction crime statutory document, Chainy asked an important question in the Election Commission’s investigation: “Donald Trump fraudulently obstructs Congress’s official procedure for counting election votes through action or omission. Or did you try to interfere? “
Obstruction of public affairs is a crime of imprisonment for up to 20 years. Federal prosecutors have used it against hundreds of rioters accused of participating in an attack on the Capitol.
However, making the same accusation against a president who has never set foot in a building would require much more complex legal and political calculations.
Daniel Hemel, a professor of law at the University of Chicago, said:
Comments on Trump’s potential misconduct are criticisms of Democrats and Trump that Garland and the Department of Justice (DOJ) have not done enough to deal with the potential misconduct at the highest levels of the previous administration. It’s coming after growing dissatisfaction between the houses.
A criminal referral from the selection committee, which Trump claims to have violated the law, will be a clear escalation of the legislator’s efforts to pressure the Biden Justice Department to be more aggressive against the former president.
However, criminal referrals from parliamentary investigators do not have the legal weight to force federal prosecutors to prosecute. This is different from the contempt of parliamentary criminal charges that must be approved by a subpoena in the House of Representatives and have already caused prosecutions against Trump’s former White House, Steve Bannon. A strategist who pleaded not guilty to a misdemeanor pair last month for opposition to the subpoena of the elected committee.
Former federal prosecutor Jeff Robbins, who also served as an investigative advisor to the two Senate committees, said such referrals not only upheld the prosecution, but were supported by solid evidence to convince the federal prosecutor. He said he had to. But go beyond prima facie suspicion and show evidence of guilt.
“A committee that wants to make a compelling referral will provide as much concrete, detailed and evidence-based as possible, as close as possible to the basis for the indictment of the silver platter,” he said.
Robins said the referrals involving the former president would be of a higher standard, but added that the Commission’s credibility would support the findings in the eyes of the Justice Ministry.
“You’ll tend to kick the tires over and over again, reviewing the introduction of crimes involving Donald Trump very, very, very carefully,” Robins said. “But on the other hand, they treat criminal referrals by this committee as a material document, given their leadership and the quality of their attorneys, if it paves the way.”
Throughout the first year of the Biden administration, Garland lengthened politics as it inherited a sector that had been repeatedly used to promote Trump’s political objectives and protect his personal interests over the past four years. I’ve been trying to maintain it.
In some well-known cases, Garland’s Justice Department was pushed by departments during the Trump administration, including defending the former president in a defamation proceeding from E. Jean Carroll, who accused him of raping Trump in the 90s. Supported the legal position. He argues that the internal DOJ memo revealing his misconduct in connection with Mueller’s investigation should remain obscured.
The department shows little sign that it is pursuing Trump’s criminal investigation.
“I don’t think we have a Nixon Watergate-style smoke gun, so it would be really hard to convict him here,” Hemel said. “In our bodies,” they may hesitate to convict him for interfering with formal procedures.
And pursuing accusations against Trump can be a failed undertaking that transcends political implications. Such prosecution is unprecedented and can be undermined by legal uncertainties over whether or not the president could be prosecuted for a crime against his actions during his tenure.
The alleged obstruction raised by federal prosecutors against many of the riots considered to be a novel interpretation of the legal interpretation has so far overcome a series of legal oppositions from defendants, but jury trials obstruct. It is unclear if we will find the case. It is persuasive.
“The court has revealed in at least three different decisions that ground rioters could be prosecuted for conspiracy. Reasons to believe that the former president could not be prosecuted as well, if evidence permits. No, “National Security Law expert Bradley Moss told Hill in an email.
“If the DOJ takes this politically explosive step, Trump’s intention to thwart the certification process and his actions to encourage the mob march at the Capitol are more than just a disposable line. There was, and he knew of his “war room” efforts to intervene if the mob actually prevented Congress from completing its certification process, “Moss said.
But Hemel believes the downsides of losing the case are far worse, and the failure of Trump’s criminal charge only strengthens the former president and increases the threat he poses to American democracy. Claims.
“There was a lot of criminal activity on January 6. Are they proceeding against President Trump? I don’t think so. And, well, I think DOJ tore the country further and Trump’s We are pleased that we are not spending resources on fool’s errand efforts to further enhance our political profile and Demagogue myths, “Hemel said.
It is unclear what evidence the Commission has collected to support criminal referrals aimed at the former president. But if lawmakers can file a convincing public proceeding that Trump violates the law, he believes it is important for the Justice Department to follow in order to send a message that no one is beyond the law. There are also people.
Catherine Hawkins, senior legal analyst for the Independent Government Oversight Project, is important to reach her own conclusions as to whether Trump has violated the law, and if it turns out to be, he will file a proceeding against him. I think it is important to explain clearly.
Hawkins said the Justice Department’s tendency to uphold the legality of executive branch behavior has made parliamentary investigations even more important. She pointed out a Senate Intelligence Committee investigation into the CIA’s torture practices. Some of them were published in 2014 and found that authorities were beyond the legal justification of the practice and engaged in concealment. Despite the Senate Commission’s findings, DOJ did not prosecute anyone for its role in torturing suspected terrorists.
“I think the Commission needs to seriously consider making a well-supported referral, otherwise it will only get silence from the DOJ, [doing a] It’s a careful investigation in theory, but given how the torture investigation was conducted, how the Department of Justice is working on administrative law violations in general, and what we see from Garland, I Is suspicious of that, “Hawkins said.
She added that the Commission’s findings are valuable even if the Justice Department made an introduction that chose not to act.
“It’s worth revealing the truth,” Hawkins said. “It’s really important to know how close we are and what mechanisms can be introduced to prevent it from happening again, but evidence of unresolved crimes we don’t know if the Department of Justice will investigate. If so, I think it’s definitely appropriate for the Commission to put it at the DOJ’s feet and say, “What are you doing with this?” What’s happening ‘”
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