178 Comments
Aug 2, 2023Liked by Jay Kuo

Essentially, SC Smith took the 845-page House Jan6 Committee final report and distilled it into a tight and logically presented "speaking indictment" that encapsulated the bulk of potentially criminal acts committed by tRump in a futile attempt to overthrow the 2020 election results. Makes for fascinating reading, and one must marvel at how concise yet comprehensive the document is, and while potential charges such as "seditious conspiracy" or obstruction based upon "Stop the Count" were omitted in the interest of the main narrative, ALL elements of "The Big Lie" and "The Big Steal" were incorporated, leaving no one other than tRump's MAGA cultists in any doubt as to the breadth of his criminal machinations to keep himself in office.

Finally, as Jay quoted Judge Tanya Chutsan, this is really who tRump is today:

“Presidents are not kings, and Plaintiff is not President"

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I concur. Great and wise distillation, a prosecutorial masterpiece.

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So why do you think a charge of seditious conspiracy wasn't included?

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I am thinking that it is not necessary. It can come later too, when others are tried. I understand that he is not including anyone else in now, so that things are not slowed down. Jack Smith is making sure that Aileen Cannon is not the only one with a say over what happens to Trump. So, she might as well not ruin her career over this.

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I'm thinking seditious conspiracy would be harder to prove and this trial needs to move ahead with all possible speed!

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One of the MSNBC panelist said that trump's words to incite the mob might run into first amendment issues. Paragraph 3 says Trump can lie.

"Trump indictment related to Jan. 6 hinges on actions, not just words"

https://rollcall.com/2023/08/02/trump-indictment-related-to-jan-6-hinges-on-actions-not-just-words/

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A charge like that would disqualify him from running for president; however, there is already enough evidence to invoke section 3 of the 14th amendment. It’s up to state election commissioners on whether or not to include him on state ballots.

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I keep hoping that Ginni Thomas will show up under one of the numbers of co-conspirators. Please, please, please!

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I do too, but I don’t expect it to happen. Her activity falls more in the realm of free speech than in the knowing promotion of fraud.

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If this is not fraud, then I wonder whether fraud is going to come up when attention is turned more fully on her husband. It seems that she influenced him in making decisions, and I wonder if taxes are paid on all the gifts and income that they have gotten from his and her benefactors. The January 6 Committee did an excellent job of bringing up so much that I am sure helped Jack Smith have background for these cases. Also, didn't Ginny tell people to commit fraud in various states? Are you saying her role was to have no authority over those people, therefore her speech to them is first amendment protected? Think we still have Georgia and New York coming up with trouble for Trump! It is all coming down now. His house of cards. The Wizard of Oz is a fake.

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The Emperor has no clothes.

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Can she get in trouble for financing the coup since she paid for buses to the Jan 6th events?

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Not just Ginni Thomas, but MTG and Jim Jordan too. Didn't they participate? After seeing this, I think some more Rupugnicans heads are going to roll, and given the behavior of our House of Representatives, there may be something there.

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And Ron Johnson and Josh Hawley and Scott Perry and …

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Ted I’m a podcaster Cruz.

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I hope that their turn comes. Starting at the top is a great idea though.

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Wouldn't that be fun?

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I vote for her as Co conspirator #6.

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And yet Republicans are once again rallying behind him, except for the primary "no hopers", Chris Christie and Asa Hutchinson. Even the supposedly "rational and normal" Tim Scott is offering words of support for the Former Guy.

What does it say about this country--or a huge chunk of it, anyway--that an indictment for trying to overturn a free and fair election actually INCREASES your popularity in your party? What does it say about this country that this execrable, seditious grifter stands an excellent chance of recapturing the White House in the next election, despite everything we already knew about him and what we have come to find out since the last election?

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We are in trouble, that’s what it says.

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I'd really love to read a psychological/sociological meta analysis of those maga voters who continue their support, both dollar contributions and votes, despite what has occurred and is happening now. Some insights would be useful because I certainly can't fathom their passion. Jay, have you considered this perspective beyond your important legal analysis?

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Actually, someone on NPR was being interviewed yesterday (I *wish* I could find it, perhaps someone here also heard it) that said MAGA voters had a demographic hallmark: many of the most extreme are in areas with a high use of opioid/fentanyl. The comment stunned me, and I am kicking myself for not flagging it, but yep, around here (central Ohio), there's a lot of that, and a lot of MAGA.

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Here in northern Michigan, as well! I hope you find the interview. I'd be very interested in reading it.

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It wasn't "On Point" - It may have been a piece on "Here and Now." This is driving me nuts, because it so resonated with my local area and I distinctly shouted at the radio in my car "ya THINK?" I'll keep looking.

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I heard part of it too. On Point yesterday was talking about why voters aren't impressed by Bidenomics, and I think it was part of that discussion.

Here's the link:

https://www.wbur.org/onpoint/2023/08/01/why-voters-arent-impressed-by-bidenomics

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I always recognized that. I think the hope is that providing jobs again in those communities where people don't go to college, and were used to blue collar jobs with which they could pay the bills, buy their pick up truck, and gun and go to the auto show and hunting, they will have less incentive to use drugs and get hooked. These are the communities of the character that was known as "Joe Blow six-pack."

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From the many interviews with Trump supporters that have aired on news channels, these folks do not read - they live in their MAGA bubble, they listen to Fox or other right wing news outlets, and they would rather be told what to believe than seek information elsewhere. They have been brainwashed to believe that nobody but the state news channel gives them the truth - how do you argue with that?

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Also, from the indictment:

101. On the morning of January 6, an agent of the Defendant contacted a United States Senator to ask him to hand-deliver documents to the Vice President. The agent then facilitated the receipt by the Senator’s staff of the fraudulent certificates signed by the Defendant’s fraudulent electors in Michigan and Wisconsin, which were believed not to have been delivered to the Vice President or Archivist by mail. When one of the Senator’s staffers contacted a staffer for the Vice President by text message to arrange for delivery of what the Senator’s staffer had been told were “{ajlternate slate[s] of electors for MI and WI because archivist didn’t receive them,” the Vice President’s staffer rejected them.

Another GOP useful idiot doing the bidding of criminal tRump, as that "United States Senator" had already been identified as Ron Johnson, (R) WI, who just barely won re-election in 2022. Wonder if he's in the sight-lines of Jack Smith's team even now.

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From your lips...

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What it says is we need to have a Democratic Republic of America consisting of the sane states, and a "MesoAmerica" for the cultists/apologists. Both connoting their Middle America location and status as a primitive civilization.

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Here's the problem with that, Sheldon--how would it even work? There are "blue dots" (sometimes very large ones) within beet red states, such as Houston, or Birmingham. What happens with them? On the other hand, there are vast red stretches in otherwise blue states--I don't know if you have ever driven from Philadelphia to Pittsburgh, but once you leave the Philadelphia suburbs and head west across the commonwealth, you are deep in Trump country, and that doesn't end until you get to the outskirts of Pittsburgh. I don't think that there is a way to feasibly divide up the country.

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Pennsylvania is Philadelphia on one side Pittsburgh on the other and Alabama in between. James Carville

Here in WA it's deep blue in the west and flaming red east of the mountains.

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Indeed. There is a reason why the Keystone State is sometimes referred to as "Pennsyltucky".

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Illinois is like that. The minority of people who live in the rural parts of Illinois which are Trump strongholds, should be offered the chance to live in Mexico.

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Of course the only problem with that is would Mexico accept them.

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I was envisioning selling some states to Mexico and letting people decide whether they wanted to stay USA citizens and follow our laws, or have a chance to belong elsewhere.

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I have written before that Biden should sell Texas and Florida and all of the other states in between that don't want to follow the USA constitution.

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Although the only way Trump could recapture the White House would be through blatant and systematic cheating in multiple states. (I don't discount that possibility that this could happen.)

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Not necessarily. It would also depend on how many votes "No Labels" and/or Cornell West can siphon off from President Biden.

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Which I sort of see as part of a larger scheme on the part of GOP to cheat their way into power.

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Exactly. We know who is funding these initiatives. I believe Koch Bros money is behind it.

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It amazes me with all that is known, that no Republican leader, no Republican voter, appears to have even paused to consider that “this was really bad”. Seems to have had no impact whatsoever, which does alarm me for 2024.

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It's because they have already bypassed reason, law and order within the Trump paradigm, and once that corner is turned it is awfully difficult to backpedal; they are comfortable and habituated to land of always Trump no matter what.

But we appeal to the genuine law and order crowd and the families of those now potentially exposed due to his complacency with national secrets, we make it personal...

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What will it take for this heinous man to lose support? Are Trumpers this blind that they can’t see the massive fraud and dangerous behavior here? He and his Heritage Foundation Allie’s have already promised to increase executive power should he win ... and America would cease to be a democracy but rather an authoritarian state. While I’m thrilled the indictments have come down and there are more to come, I am scared and sad that his followers choose his indecency and arrogant pursuit of power. As always Jay, an outstanding synopsis.

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I think these folks will only understand when they are relegated to the dustbin of history and shut out of power by the will of the majority.

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Yes. Amazing to think, but even now there are defenders of Nixon's shenanigans,

(I'm only calling his illegal activity "shenanigans" when compared to TFG.)

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Make a lie big enough, repeat it over and over and it will become fact.

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It will never "become fact" but your point is well taken that it will be "believed as fact" by a distressingly large number of people in the U.S. Thankfully, there are even larger numbers among us who will always recognized the 'big lies' as just that, lies. Now if we can just get those larger numbers to the polls in 2024.

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To a large number of people the lies won’t become fact. But to the MAGA adherents, those lies are facts.

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And any possible conviction may not happen until after the election. By then it won’t matter thanks to the dawdling by the AG.

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Your assumption is correct, but if you're going to bring charges of this magnitude, then you better be sure you have what it takes to win. Hopefully, the judge will push this through.

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Then why wasn’t Jack Smith brought in sooner?

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Nothing is perfect in our government! Sounds like you are hanging this matter on SC Smith now???? That's bullshit, and excuse my emotional anger. There are so much we don't know as to the reason why these indictments not coming sooner. If you seriously care about this country, go vote. Allow our legal system to work. And make sure we collectively have a government who will count our votes now and in the future!!!

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Garland preferred to dawdle and was forced into action by the Jan. 6 Report and the outstanding work of that committee., whose public hearings were televised. Let's hope for action on this indictment way before the election and that it, too, will be televised.

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I don't believe he was dawdling. I believe he may have been waiting for Jack Smith to wind up two war crimes cases he had been investigating in Kosovo. I also believe it would have been premature to file charges against tfg before the J6 Committee hearings wrapped up. The results from those hearings are, I believe, an essential complement to Jack Smith's investigation that resulted in the indictment filed on Tuesday.

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Yes to your first point, Judith.

Not to be argumentative, but I believe that Jack Smith's investigation and this new indictment are the complement to the results/report of the Jan. 6 hearings.

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Jack Smith was immersed in a couple of major war crimes trials in Kosovo up until fall 2020. I think it's entirely possible that Merrick Garland was talking with Jack Smith long before he appointed him as Special Counsel.

https://www.rawstory.com/jack-smith-kosovo/

https://www.reuters.com/world/europe/kosovo-tribunal-convicts-former-kla-commander-first-war-crimes-verdict-2022-12-16/

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I have no idea. Hindsight...

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Aug 2, 2023Liked by Jay Kuo

I can't tell you how much I've enjoyed reading about these indictments. Now waiting for another legal shoe to drop in Georgia.

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Jay, your whole analysis here is excellent, but this sentence is brilliant: "Trump loves walls, and this argument will run straight into one."

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I was trying to think of a way to say that and was happy with how it came out. Lol

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It couldn't have been more perfect.

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Agreed!

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I pray each night that he will be convicted AND his cult will see his sins.

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You might get the first part. I am skeptical about the next.

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Aug 2, 2023Liked by Jay Kuo

Oh this is getting good! Revenge is a dish best served cold!

I know that it sounds horrible but still the way I see it. I won't ever forget crying watching Jan. 6 on CSPAN and watching it all unfold real time and then jumping from news channel to news channel to find out what was happening.

Seriously questioning what I was still doing in this country and I was born and raised here. Daughter of immigrants who came here for a better life and that's all that was ever instilled into me. That America was the dream place to be. Only to be afraid for 4 years that my dad and aunts would be deported (because they are permanent residents who at the time hadn't updated their status and still had the non expiring green cards from when they arrived in the 70s.) but coming to realize that anxiety was for not because we came from the wrong border and the wrong color (European immigrants). I was stressed beyond belief for 4 years.

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Revenge is a dish best served cold, and

Revenge is sweet.

So, revenge is ice cream.

Yes, I'm in a good mood today!

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SAMESIES!

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ahahahahahha

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Aug 2, 2023Liked by Jay Kuo

As I mentioned in social media, Trump should stop doing the brown acid. But, but, but, let him rant and rally his base which will only get angrier but not bigger. It just occurred to me that Smith's team could simply use the text from Pence's own book as evidence if he decides to be an uncooperative witness in the D.C. trial. My schadenfreude cup runneth over. This was a beautiful 45 pages.

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45 pages for #45.

Was that an coincidence or on purpose?

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Aug 2, 2023·edited Aug 2, 2023Liked by Jay Kuo

Thank you very much for your research and your detailed analysis.

"The fact that the co-conspirator list isn’t longer shouldn’t worry us, but it should worry others. This is just the first indictment, and it’s “limited” to Trump for a very clear reason: He is trying to win re-election and use the victory to undo the federal prosecutions, so there is an urgency to get the case tried before the election. Loading the case down with lots of other defendants would defeat that important goal." I appreciated that inclusion. You have to capture the beach before you can move inland.

It is wonderful to have good news for a change. There is however, a cautionary element in all of this. It has been sickening to watch the craven and cowardly subservience in the republican party to Donald Trump. We have come to expect it of them. It has emerged however, that Biden and his DOJ were not actively pursuing Donald Trump until the January 6 committee's hearings. It took the courage of Benny Thompson and his committee to kick the DOJ into motion. Things didn't really get into high gear however, until Trump declared his candidacy and Merrick Garland appointed Jack Smith special counsel. What we see now is the end result of that process. For all his stupidity and ignorance, Trump accurately gauged the magnitude of his ability to cow and intimidate. With very few exceptions he succeeded with the republican party. I am dismayed to learn the degree to which he succeeded with the current administration.

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I'm pretty sure Biden had nothing to do with whether trump was pursued or not. The inactivity would be on Garland.

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And his perceived inactivity may well have been based in strategy that we know nothing about. Garland may well have been communicating with Jack Smith long before he appointed him SC. Smith was immersed in two major war crimes cases in Kosovo until fall of 2020 and would have been unlikely to bow out until his responsibilities to the World Court had been completed.

https://www.rawstory.com/jack-smith-kosovo/

https://www.reuters.com/world/europe/kosovo-tribunal-convicts-former-kla-commander-first-war-crimes-verdict-2022-12-16/

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Amongst the many takeaways from the indictment is how ma y pages are devoted to Mike Pence as a central figure in the election subversion attempts by tRump and his gang. Pence has quite obviously shared everything with the prosecution, presenting a picture of damning conduct by tRump, which has left nothing to mere speculation - he had the receipts.

Which of course leads one to continue wonder at Pence's stubborn defense of tRump through all his previous indictments, and only now he essays that, " anyone who puts himself over the Constitution should never be President of the United States".

"Anyone", Mr Pence? Just say it: "tRump should never be President of the United States", full stop.

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He did say that yesterday in statement, but in typically cowardly form, did not include Trump’s name.

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The thing is, he has NEVER invoked tRump's name specifically in any of his post-election comments...I mean, over nearly three years the man hasn't purposively criticized the criminal by name, only using vague generalities amongst more or less laudable comments about the four years as tRump's VP. Well, the most important thing is obviously that Pence sang his heart out to Jack Smith, and his testimony is a major part of Smith's case. Not a "hero" for just carrying out his duties and oath of office.

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In the meantime... I've read that Pence is begging for donations in order to qualify for the Republican Primary candidate debates. A candidate has to have received a specified number of donors (or maybe $$$?) in order to qualify.

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Aug 2, 2023Liked by Jay Kuo

I was absolutely SLAVERING this morning in anticipation of reading your analysis of The Indictment, as well as that of electoral-vote.com's (V) and (Z). So enjoyed chewing this over!

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And paired with Prof. Vance's post of last night, helpful for our understanding of what is happening.

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I will check that out also, thank you!

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Great link to Electoral-vote.com...another excellent writeup and commentary. Lawfaremedia.org and justsecurity.com are as well primary sources for all things crime-y tRump.

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With all these great recommendations, I'll need TWO cups of coffee in the morning to get all these perspectives!!!

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"Political consultant" as Co-Conspirator #6? I'll take Kellyanne Conway for $500, Steve Bannon for $800, and Lindsey Graham for $1,000.

Funny how all three are being "crickets" now that the indictment is released.

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I read several pundits who claim that Trump’s base is energized, but that many rank and file Republicans are backing away from him.

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It’s early to tell. There is an eternity politically between now and November 2024.

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Precisely...I mean, three indictments and counting, one or more trials between now and Election Day 2024, why even bother running dumbass head-to-head polls TODAY? Case in point, the NYT-Siena poll showing a dead heat...nonsensical on its face, but part and parcel of the usual MSM "horserace" spin.

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Aug 2, 2023·edited Aug 2, 2023

The polls I've seen don't indicate that. Trump is apparently doing well against Biden at the moment. Not better than, just well. And certainly better than I would expect but there it is.

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But not as good as 2016. Less in 2020. Why wasn’t he re-elected in 2020? And why even worse for his party in 2022. the improvement. Consistent base, waning elsewhere.

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Absolutely wonderful write up. Thank you

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Co-Conspirator #6? Roger Stone.

Duh.

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I’m not sure. It’s unclear how close Stone was to the White House plot. There may be a time when Stone is indicted, but it’s probably not within the four corners of these conspiracies.

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McDaniels?

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Hmmm. There was the foreign correspondent who was following Stone around while he was meeting with the Proud Boys ahead of 1/6 and videoed Stone extensively. The video showed up in the 1/6 hearings. See, https://youtu.be/-jqeCgxRKD4

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