“Former President Donald Trump’s reaction to the 2020 election arguably violated several federal and state laws. But any effort to prosecute him for those alleged violations would face the possibly insurmountable challenge of proving criminal intent.
Given Trump’s long history of embracing self-flattering assertions at odds with reality, it seems plausible that he sincerely believed, despite all the countervailing evidence, that the election was subverted by systematic fraud. If so, his various efforts to prevent Joe Biden from taking office would have been, from his perspective, attempts to correct a grievous wrong rather than attempts to illegally obstruct the peaceful transfer of power.
The select committee investigating the January 6, 2021, Capitol riot showed that people close to Trump recognized who had actually won the election and tried to dissuade him from embracing wild conspiracy theories to the contrary. But that testimony did not conclusively prove that Trump privately agreed with those advisers even while publicly promoting the stolen-election fantasy. A recent ruling by a federal judge in California supplies further evidence to support that interpretation, suggesting that Trump knowingly submitted false claims about election fraud in Georgia as part of a federal lawsuit.”
“Carter ruled that the crime-fraud exception applies to four emails related to Trump and Eastman’s “knowing misrepresentation of voter fraud numbers in Georgia when seeking to overturn the election results in federal court.” Carter says the emails indicate that Trump made those claims even though he knew they had been discredited.
In a state lawsuit filed on December 4, 2021, Carter notes, “President Trump and his attorneys alleged…that Fulton County improperly counted a number of votes,” including “10,315 deceased people, 2,560 felons, and 2,423 unregistered voters.” When they decided to file a federal lawsuit challenging the election results, Trump and his lawyers “discussed incorporating by reference the voter fraud numbers alleged in the state petition.” But in a December 30 email, Eastman “relayed ‘concerns’ from President Trump’s team ‘about including specific numbers in the paragraph dealing with felons, deceased, moved, etc.'”
The next day, Eastman elaborated on those concerns: “Although the President signed a verification for [the state court filing] back on Dec. 1, he has since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate. For him to sign a new verification with that knowledge (and incorporation by reference) would not be accurate.”
Trump apparently was unfazed. “President Trump and his attorneys ultimately filed the complaint with the same inaccurate numbers without rectifying, clarifying, or otherwise changing them,” Carter writes. “President Trump, moreover, signed a verification swearing under oath that the incorporated, inaccurate numbers ‘are true and correct’ or ‘believed to be true and correct’ to the best of his knowledge and belief.”
In other words, Carter says, “the emails show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public.” The emails therefore “are sufficiently related to and in furtherance of a conspiracy to defraud the United States.””
“These damages and those likely in other cases look like backbreakers for Jones. But no, not any more than his banishment from YouTube, Twitter, Facebook and Apple’s App Store. His business empire, far from scuttled, has an estimated value of between $135 million and $270 million. Jones has profited and is likely to continue to profit from his labors in the Lie Economy, the marketplace where gullible viewers are sorted from the skeptical and delivered to advertisers who make the most of their naïveté. The $49.3 million damages awarded are an eyeful, but no sharp legal knife thinks Jones risks paying much more than a fraction of that in this case and others. Despite the awful headlines the case sent up, Jones’ audience seems steadfast. Jones may have lost here, but he’ll continue to win.
To describe Jones as a Lie Economy worker is not to declare false everything he says and broadcasts. Not even his imagination veers to that polar extreme. But a review of his greatest hits attest to the low truth-value of many of his comments.”
“Jones isn’t the only entrepreneur working the Lie Economy angle. Fox News Channel and its bastard offspring Newsmax and OAN excel at pushing half-truths that stimulate viewer appetite for more outlandish morsels. Tucker Carlson would have you believe that Jan. 6 was a false flag operation. Sean Hannity pushed a baseless conspiracy theory about the murder of Seth Rich. The channel hyped ivermectin as a Covid treatment and drenched its audience in bogus coverage about the “stolen election.” Again, not everything aired on these channels can be dismissed as lies any more than the notion that Jones broadcasts lies only. But the steady stream of spurious segments they do air seems designed to hook accepting viewers whose attention can then be sold to advertisers. Unlike Jones, Fox News commands a more varied advertiser base, including blue-chip companies. But health supplements and pain relief products appear in a recent ranking of its top 10 biggest advertisers. The frequency of ads for gold, testosterone, reverse mortgages and a home-title lock product (pitched by Rudy Giuliani!) on Fox and its neighboring channels remind one that shrewd audiences aren’t the primary target.”
“The Army report, obtained by POLITICO, lays the foundation for the Pentagon’s defense against criticism that it took too long to approve the Guard’s response to the Capitol attack. The March 18 report says Guard members weren’t prepared to respond quickly to the riot and describes multiple communications between top Army officials and the D.C. Guard’s commander, then-Maj. Gen. William Walker.
But Walker, now sergeant at arms in the House, says some of those communications the Army describes in the report never actually happened. He and a former top lawyer for the D.C. Guard, Col. Earl Matthews, also say the Guard members were ready to be deployed to the Capitol.
“It’s whole fiction,” said Matthews, who has accused two Army generals of lying to Congress about their role in the Jan. 6 response. Matthews was on a call with leaders from the Capitol Police and the Army during the siege.”
“Matthews alleges that the report is a secretive attempt to whitewash the Army’s record on Jan. 6 and shift blame to the Capitol Police and Guard leaders, thus taking the focus off the Army’s own missteps.
Army spokesperson Mike Brady says the Jan. 6 report was designed for internal staff use as part of routine procedure and drafted with information from the Guard.”
““One side or the other is lying,” said Sol Wisenberg, a white collar defense attorney and former federal prosecutor. “One side or the other has committed perjury or obstructed a congressional inquiry concerning a topic of paramount importance. The Department of Justice should unquestionably be investigating this matter for possible perjury and/or obstruction charges. Something this serious cannot be left to Congress alone.””
“All politicians garner fact-checks, but Trump is so dishonest that CNN’s Daniel Dale has a beat composed exclusively of keeping track of all the nonsense the president spouts, routinely generating headlines like “Trump made 96 false claims over the last two weeks” and “Trump makes at least 18 false claims in ranting Fox & Friends interview.”
The sheer range of things Trump lies about — including recently claiming that the prime minister of Canada edited a version of Home Alone 2 to remove a Trump cameo — is mind-boggling and goes way beyond any kind of normal political process.
Part of Trump lying about everything is that he frequently says things specifically about Iran that are not true. Back in July, for example, Trump tweeted about the Obama-era Iran nuclear deal that misstated the amount of money involved, misstated the duration of the deal, and fabricated secret Iranian violations of the agreement. It was not particularly clear at the time why Trump was lying about this stuff. But he lies so routinely about everything that people scarcely bother to inquire about what might be driving those specific lies.”
“As the former CIA director, Pompeo distorted intelligence about Russia to fit Trump’s preferred narratives. Then, as secretary of state, he misled the public about his role in the Ukrainian aid holdup that led to Trump’s impeachment.
Pompeo, too, engages in routine misstatements about Iran specifically, including lies about Iranian nuclear research.
This is important because Pompeo has become the public face of the administration on this issue. Although Pompeo does not engage in the range of dishonest statements that Trump does, his more focused dishonesty does include statements on Iran.”
“I hope there was some kind of good reason to bomb that Baghdad airport and some kind of plan to deal with the aftermath. But all we really know is that the people in charge of explaining to us what happened and why aren’t worthy of our trust.”