Time will reveal who faces doom from indictments!

 Weekly Opinion Editorial

FACING DOOM!

by Steve Fair

 

     This week, former President Donald Trump was charged in federal court with four counts of conspiring to subvert American democracy in association with the January 6^th attacks on the U.S. Capitol.  Jack Smith, the special prosecutor investigating January 6th, is relying on three criminal statutes; (1) conspiring to defraud the government, (2) conspiring to disenfranchise voters, and (3) conspiring to obstruct a congressional proceeding to prove Trump was trying to supplant democracy.

     In the indictment, Smith describes six of the former POTUS’ associates as ‘co-conspirators,’ but they are not named nor charged.  It remains unclear if they will eventually face indictment if they do not cooperate. 

     The former POTUS appeared before a federal judge in Washington DC on Thursday and pled not guilty to all charges.  An August 28^th preliminary hearing is scheduled.  This was the third time in four months Trump has faced indictments.  The federal charges are the most serious with Smith’s star witness expected to be former Vice President Mike Pence.  Pence says Trump asked him to break the law and not certify election results submitted by certain states.  Pence contends the U.S. Constitution precluded that action.  Three observations:

     First, many losers of presidential elections have disputed the results.  In American history, at the presidential level, serious allegations by top officials the election was "stolen" were made in 1800, 1824, 1876, 1912, 1960, 2000, and 2020.  Trump isn’t the first to claim he was cheated.  Vice President Aaron Burr killed Secretary of Treasury Alexander Hamilton in a famous duel because of Hamilton’s part in the outcome of the disputed 1800 election.  The award-winning musical Hamilton tells the story. 

     Trump’s opponents, the special prosecutor and the media claim Trump’s unwillingness to accept defeat is unprecedented, but that is not true.  What is true is none who claimed they were cheated have convinced a majority of the American public to buy into their conspiracy.    

     Second, Trump was indicted, not the American people.  The former POTUS zealously uses[S1]  the indictments for fundraising and campaign promotion.  He contends solicitors are after the American people when they charge him.  He professes he is merely a surrogate and being unfairly treated.  When the Clintons and Hunter Biden skirt serious charges and Trump is charged it is a valid point, but it’s a stretch to paint Trump as being a scapegoat.   Trump is being charged for his own actions.  A jury will determine whether those actions rise to the level of criminal.

     Third, the trials give Trump a unique opportunity.  The former POTUS can publicly present his case in regard to the 2020 election.  The defense is expected to cite Trump’s right to free speech as justification for his actions.  Former AG Bob Barr says free speech doesn’t give Americans the right to engage in a fraudulent conspiracy.  But all true conspiracies were initially dismissed as fraudulent, so there’s that.  The challenge Trump’s team faces is proving to the jury their claims of a stolen election are fact. 

     In the musical, “Hamilton,” Aaron Burr sings about Alexander, “Why do you assume you’re the smartest in the room?/Soon that attitude may be your doom.”  Burrs point?  Pride goes before a fall.  Time will reveal who faces doom from these indictments.