This should matter. Trump came to power on two lies
🔹"I'm a successful businessman" positioning him as a strongman and winner, and
🔹Birtherism, signaling that he was a white supremacist tapping into white grievance.
1/
Back when I was naive (2015) I thought it would matter if his base had to grapple with the fact that he wasn't successful: He inherited wealth and then cheated and swindled.
Now I'm afraid lie #2 Birtherism matters more and brazen lying and cheating is part of his appeal.
2/
From Hannah Arendt ⤵️ the thinking is: Lying helps our team win, so Yay Lies.
This motion to compel comes late in the investigation, which has been going on for 34 months.
3/
. ..and has amassed a stunning pile of evidence of brazen lying and cheating directly involving Donald, Jr., and Ivanka.
Procedurally this motion to compel is a response to the lawsuit the Trumps filed in December accusing James of conducting an unconstitutional witch hunt.
4/
Among other things they raised a Fifth Amendment defense on the grounds that prosecutors are conducting a parallel investigation, so they have reason to think anything they say can be used against them in a criminal matter.
It's a dumb argument and won't work.
5/
Even if they have a Fifth Amendment defense, they have to show up and testify and refuse to answer particular questions that may incriminate them. And there's no reason not to produce the documents James wants.
So what if the Trumps just refuse to comply or testify?
6/
It won't change the outcome of this investigation. Because of the 5th Amend., prosecutors generally put together cases without cooperation from those who committed the crime.
James is careful to say no decisions have been made yet about legal action, but she has the goods.
7/
Someone asked the difference between this and the criminal probe in terms of consequences.
Civil cases are mostly about money. If they lose they'll have a staggering bill to pay.
Criminal cases risk prison time and punishment -- but the burden of proof is much higher.
8/
James mostly avoids the F word (Fraud. What did you think?)
But she alludes to tax fraud, bank fraud, and other garden varieties ("other documents").
9/
They have the lies. Now they're pinpointing who intended the lies.
With financial crimes, locating misrepresentations isn't difficult. The harder part is proving who knew it was a lie and filed anyway. (Her burden of proof is lower.)
(I know! Gimme a T! Gimme an R!...📣)
10/
People lower in the org either "can't recall" or are pointing their fingers upward.
People at the top are asserting their Fifth Amendment right to silence.
"Your honor, there was a crime, but my client didn't do it" doesn't work as well when you can't remember anything.
11/
The petition explains why the testimony of Trump, Jr. and Ivanka are necessary. For example, Ivanka ⤵️
The purpose of the verified petition is to demonstrate that the subpoena was justified, but really, it's a "look what we got" list.
There are some staggering numbers.
12/
A property (Silver Springs) was assessed in 2006 at $30 million. Here are the "stated" values (#1)
Stating a value for nonexisting mansions.
(#2)
Hey, I'm a billionaire! When I fix up my garage, I can sell it for $1 billion, which makes me a billionaire now! [sarcasm]
13/
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It's just easier to destroy rule of law than to preserve it.
It's easier to dismantle a government than to use government to improve the lives of the people, particularly when another party is trying to dismantle the government.
That's why Republicans have the easier task.
Huge advantage: Right-wing authoritarians fall in line. They prefer to move in lockstep.
On the other hand, if you want to move forward and improve people's lives, there are lots of different paths and people disagree on how to best move forward.
I would have been shocked if they took it. This is a blow to all the Trump allies saying they don't have to comply with the select committee because of executive privilege.
Trump can try again with future tranches of docs -- if he enjoys losing 🤣.
But . . but . . . I was absolutely assured that the DOJ is not investigating Trump.
My position has been: I'll take Merrick Garland at his word because I have no reason not to, and Garland said the DOJ is working its way up and following the facts.
But under the insurrection act, the military would still have to be willing to keep Trump in power beyond January 20, the date, under the constitution, his presidency ends . . .
People have the idea that indictments of political figures will save democracy.
I've written about what's wrong with that idea. See, for example⤵️ (there is a transcript on my blog).
The idea that there is a magic bullet is also sort of lazy.
I live in a blue town in a blue state (in a sea of pink). The right-wing is very energetically vying for control over the local school board and local government.
Meanwhile, other people have the idea that if Trump gets indicted the right-wing will crumble . . . so they wait.