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Is Trump Being Prosecuted or Persecuted?

&NewLine;<p>President Trump has a lot of folks on the left who really&comma; really hate him&period;&nbsp&semi; They totally abandon the American justice system’s foundation that a person is innocent until convicted in a court-of-law&period;&nbsp&semi; They say – without equivocation that Trump is guilty&comma; guilty&comma; guilty of every infraction that can conjure up – and that no matter how minor the infraction&comma; he should be subjected to the most extreme punishment&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>We need to remember that from the time Trump was elected&comma; the left launched an unprecedented Resistance Movement – the main purpose of which&comma; by their own words&comma; was to never allow Trump to be &OpenCurlyDoubleQuote;normalized” as President&period;&nbsp&semi; The calls for impeachment rose in the days shortly after his election – and before he was inaugurated as the 45th President of the United States&period;&nbsp&semi; On the day after his inauguration&comma; Democrats introduced the first bill of impeachment&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>During most of his presidency&comma; the left successfully proffered outrageous conspiracy theories against Trump – mainly focused on the phony&nbsp&semi; Steele Dossier and conspiring with Russia in the meddling in the 2016 election&period; Both his impeachments seemed more political than justified&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Democrats&comma; left-wing media&comma; and entrenched left-wing bureaucrat establishment were out to get Trump from Election Day 2016 to today&period;&nbsp&semi; That is beyond refutation&period;&nbsp&semi; The various prosecutors made no secret of the desire to &OpenCurlyDoubleQuote;get Trump&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>In noting that&comma; I am not absolving Trum of a crime&comma; he may have committed&period;&nbsp&semi; On that question&comma; we have to await the outcomes of the various cases&period;&nbsp&semi; And I see Trump as his own worst enemy in terms of his excessively hostile and provocative language&period;&nbsp&semi; But one bad behavior does not justify opposing bad behavior&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Trump and his more ardent followers claim that the former President is an innocent man who is being pursued by aggressive&comma; politically motivated&comma; out-of-control prosecutors – the victim of prosecutorial persecution&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>I write this commentary as a person who has never been a fan of Trump&period;&nbsp&semi; I have previously opined that he has damaged the Republican Party in terms of voter popularity&period;&nbsp&semi; I hope he will not be the Republican standard-bearer in 2024&period;&nbsp&semi; However&comma; my foundational conservative principles demand that the justice system of the Republic operate as much as possible with fairness and justice on all sides&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>That is why I have been critical of the massive and unprecedented political&comma; media&comma; and legal campaign that has been mounted by those on the left&period;&nbsp&semi; I have no problem with Trump being held accountable for any illegal things he may have done – big things or little things&period;&nbsp&semi; That means things that have been FAIRLY prosecuted and adjudicated in a court-of- law&period;&nbsp&semi; I further believe that he should be indicted for clear evidence of possible lawbreaking – but NOT based on prosecutorial excesses or abuses&period;&nbsp&semi; Trump is not a ham sandwich – and should not be indicted just because it is easy&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>That means we have to examine the various cases being investigated against issues of legitimacy&comma; fairness&comma; and appropriateness in each of the cases – and the relationship between them&period;&nbsp&semi; In other words&comma; is Trump being treated fairly by prosecutors&comma; or is he the victim of a coordinated&comma; excessive&comma; and politically partisan prosecution&quest;&nbsp&semi; In other words&comma; is the &OpenCurlyDoubleQuote;establishment” out to get him&quest;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Looking at the various cases being pursued against Trump&comma; it does seem that there is arguably an unprecedented excessiveness and aggressiveness in the pursuit of charges&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p><strong>Stormy Daniels Case<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The Stormy Daniels Case is the first case to result in an indictment&period;&nbsp&semi; By all measures it is at least the weakest of cases against Trump &&num;8212&semi; and being pursued on unique and novel interpretation and application of the law&period;&nbsp&semi; The case itself is relatively minor relative to the other cases involving Trump – and the attempts to elevate it to a jailable offense are inappropriate&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Even the anti-Trump folks are critical of this case on two basis – first that it should not be the initial case to reach indictment since it could weaken other cases&period;&nbsp&semi; Others on the left believe that the case is wrongly prosecuted – and is more likely than not to result in an acquittal&period;&nbsp&semi; That would be a disaster for those who want to see Trump punished severely&period;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p><strong>Georgia Vote Case<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The prosecutor in this case is arguing that Trump attempted to coerce public officials – especially the Governor and Secretary of State&&num;8211&semi; to undertake illegal actions to flip the vote in Georgia and award the presidential electors to Trump&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The case hangs on the meaning of his telephone request for the Governor to find 11&comma;780 votes to change the outcome&period;&nbsp&semi; The interpretation by the prosecutor and the anti-Trump media is that he was calling for the Georgia officials to make up votes that were never caste&period;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>But that call is not necessarily solid evidence&period;&nbsp&semi; Trump can easily argue that he believed there were thousands of illegally caste votes for Biden – and he wanted to find at least 11&comma;780 of them&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The Georgia case will be harder to prove in a court-of-law than it is being pursued in the court-of-public opinion&comma; where facts are superseded by opinion and biases&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p><strong>The Mar-a-Lago Documents Case<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The improper possession of White House files is a misdemeanor that can result in a civil fine – and often no judicial action at all&period;&nbsp&semi; This case is more problematic based on Trump’s refusal to release all the documents – and suggestions that he may have committed obstruction of justice&period;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>It is a messy case&comma; but even at its worse is not likely to land Trump in the hoosegow&period;&nbsp&semi; The case puts Attorney General Merrick Garland in a difficult position&period;&nbsp&semi; It can be argued that the fact that they found documents – including top secret documents – in the position of President Biden – demands a certain level of equivalency – even though Biden returned the documents and Trump has not&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>But there is a political reality with which Garland has to deal&period;&nbsp&semi; If he were to indict the Republican candidate for President and allow his likely opponent – and the person who appointed Garland – off the hook&comma; the political implications could be very damaging to the Department of Justice&period;&nbsp&semi; The difference in the cases would be subordinated to the similarities – and the impression of gross political bias&period;&nbsp&semi; Garland could credibly be accused of meddling in the 2024 presidential election&comma; unlike any other U&period;S&period; Attorney General since John Mitchell during the Watergate scandal&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p><strong>The January 6<&sol;strong><strong><sup>th<&sol;sup><&sol;strong><strong> Case<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>In the left-wing court-of-public-opinion&comma; Trump is determined to be guilty of insurrection … a coup attempt … and an ongoing plan to steal a future election&period;&nbsp&semi; Politically&comma; this is a big deal for Democrats and the left-leaning media&comma; but not the open-and-closed case they portray in the press&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>It is true that more than a thousand people have been arrested for various crimes associated from entering the Capitol Hill Building – including trespassing&comma; vandalism&comma; theft&comma; assault and battery&comma; and a variety of lesser crimes&period;&nbsp&semi; These are the kind of charges that are commonly associated with a riot&period;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>A hand full of the thousands of assembled protestors have been convicted of promoting an insurrection – but legally&comma; those convictions do not make the larger event an insurrection&period;&nbsp&semi; That is clearly established by the less serious charges against the vast majority of the rioters&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>One can easily criticize Trump for his reckless language and his failure to more expeditiously call on the rioters to cease and desist – and go home&period;&nbsp&semi; But that is not criminal conduct as defined in law&period; &nbsp&semi; The Special Counsel will not find it easy to put together an indictment of Trump based on his actions on January 6&comma; 2021&period;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>This is another case where a court-of-law and the court-of-public-opinion have very different views of criminality&period;&nbsp&semi; In the former&comma; it is merely a matter of public opinion driven by mendacious narratives advanced by a grossly biased media&period;&nbsp&semi; In the latter&comma; prosecutors have to meet a number of legal requirements and reach a high level of evidence to reach a conviction&period;&nbsp&semi; That court-of-law has protections for the accused that the court-of-public does not have&period;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p><strong>Overview<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>In addition to looking at each case individually&comma; the most disturbing aspect may be the apparent coordination between the various prosecutorial agencies&period;&nbsp&semi; We see that in the debate over which case goes first&period;&nbsp&semi; The political establishment is obviously strategizing a means for stacking the cases in such a manner as to cumulatively create the most anti-Trump results possible across the board&period;&nbsp&semi; That does not indicate fealty to the law – but the influence of politics&period;&nbsp&semi; The coordination is prima facie evidence of politicization&period;&nbsp&semi;&nbsp&semi;&nbsp&semi;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Many on the left openly admit that they hope that the various cases&comma; themselves – apart from outcomes – will damage Trump&&num;8217&semi;s political … will consume time that would otherwise be devoted to campaigning … and will further sully his reputation&period;&nbsp&semi; That&comma; alone&comma; is an abuse of the justice system&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>These actions give the best support for Trump’s claim that he is the victim of a judicial establishment out to get him based more on politics than justice&period;&nbsp&semi; It disturbingly suggests a prosecutorial conspiracy&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>If American justice is founded on how popular a person might be – or how his political views offend one side of the political and philosophic divide – then America is taking on that practice of a banana republic&period;&nbsp&semi; And that should scare any freedom-loving citizen regardless of political views&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>So&comma; there &OpenCurlyQuote;tis&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Author’s Note&colon; This commentary was written just prior to the indictment&period;&nbsp&semi; Rather than speculate&comma; the next commentary will be following the release of the indictment and the specific charges&period;<&sol;p>&NewLine;

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