92 Comments

“Trump will have to face a jury, and be held to answer for his actions”. Could there be any sweeter words for those who love democracy? Thank you.

Expand full comment

I doubt that he will ever take the stand because his attorneys know what an idiot he is.

Expand full comment

Even worse, he simply confirms his guilt by his undisciplined and self-convicting comments, e.g., his remarks re: E Jean Carroll 24hrs after LOSING the NY state defamation suit, and THEN having those slurs tacked onto his coming FEDERAL EJC defamation trial!

Expand full comment

I never underestimate this genius because most Republicans in our government are still defending him today. Those enboldened him for a long time all starting at the 1st Impeachment.

Expand full comment

There is that! I hesitate to anticipate the outcome because of it, despite his idiocy.

Expand full comment

Which still confuses me. Party over country I presume.

Expand full comment

He wants you to be afraid of all he plans to if he get into the WH again, and you should be, his Sociopathic Narcissism wants to destroy all who opposed him, he will surround himself with the most immoral cruel people he can find.

Third party votes could destroy us, if they have enough to split the count, it may be enough to get Trump in the door!

This time he won’t come out,

Vote Blue, like your life depends on it, it does!

Even fools get lucky!

Trump Ego is wounded and he wants revenge!

Expand full comment

Nothing in your comments are insightful to me. I myself will not be afraid of him and/or any Repubicans who are still defending him today! Hope you can understand that. Let's not waste our energy in any unproductive manner by overthinking about him (genius HE IS NOT), and underestimate our strength in uniting all our voting power to turn Democrats into the majority to control our government. Go Vote!!!

Expand full comment

Until we see DJT actually in front of a judge & jury all bets are off. Logically, he has as much chance of being reelected as of being tried; considering legal delays. Elected again, he’ll stave off judgement for another term, or forever, if lucky. Maybe DJT really has a waiver from Satan?

Expand full comment

Your analytical mind is not helpful without balance. Is it a wishful think on his behalf? There is enough of us to vote out all the Repubicans, so stop any and all fear of DJT and his loyal supporters. This country is for the People, by the People, and of the People as far as I'm concerned. I will not give up my piece of APPLE PIE.....Go vote!!!

Expand full comment

One more thing : today we all share the same vision about this country plus the goal of holding domestic terrorist leader DJT accountable in the most expeditious and legal way possible. Let's all channel our energy not in a wasteful manner but to concentrate on 1 important and simple step : VOTE! And this country will heal itself with Democrats in control and Republican Party be in the minority position. Keep eye on the prize. Go Vote!!!!

Expand full comment

YES! Let him try passing his usual word salad past the jurors and the judge.

Expand full comment
Comment deleted
Expand full comment

And yet, without him taking the stand in his own defense, there’s just that mountain of evidence against him. I’m assuming that most of the witnesses his lawyers would like to call in his defense have already cooperated with the Special Counsel. I think he’ll be chomping at the bit to testify; his lawyers will have to talk him down.

Expand full comment

And it's more likely than not that the jury he'll first face in the SC indictments will be in DC, rather than in FL...just saying.

Expand full comment

With the uncertainty surrounding the Docs case in FL - Judge* Cannon presiding - SC Smith wants to get a near-lock on a prospective tRump conviction on one or more charges, and what Jay outlines fills the bill. Remember, GA/Fulton Cty. is yet to drop, and tRump is about to be BURIED in charges, with several potential convictions on offer...Hallelujah!

Expand full comment
Jul 19, 2023Liked by Jay Kuo

Once again you helped to clarify the confusing information. Thanks so much for your writing, I feel you are one of the few people who comment who I can believe

Expand full comment

Me too

Expand full comment

Thank you, the explanation given regarding the Witness Tampering charge was enlightening, my initial thought went to the Mark Meadows staffer who received calls regarding her testimony to the J6 Committee after changing attorney. In the information shared about what she was told to (lie) say about not recalling details, it seemed pretty obvious from clips we saw that Kayleigh McEnany was given the same direction and chose to follow it. Hoping charges about telling lies under oath are still a thing.

Expand full comment

The Cassidy Hutchinson testimony before the 6Jan Committee had "witness tampering" stamped all over it, and I trust that SC Smith has well made productive use of the tapes in preparing another set of indictments against tRump.

Expand full comment

Thank you Lance, that was my thought too, like everything else he probably had someone else do it or used their phone when doing it*...in furtherance of his crimes... *see documents case-staffer text to WN (sic) 'sorry, POS had my phone'.

Expand full comment

Perhaps he will hand down 100+ charges that include all of the witness tampering he did (pardons for perjury, online posts that were threatening or encouraged his followers to attack anyone involved, etc.) in addition to the obstruction charge.

Expand full comment

Yes, please, considering how many plea deals were granted (supposed to give something up to get those) hoping much more is in the pipeline including who all was involved in the pipe bomb planting part of their plan. I think it is embarrassing for the IC, to have not been able to pin that down right away, considering where it went down.

Expand full comment

Another thing to remember is that many WH principals who ducked Congressional subpoenas or 6Jan Committee "invitations" were later subpoenaed by SC Smith's grand jury, and not all took the 5th...several were undoubtedly squeezed by prosecutors, and grants of partial or whole immunity were going out like Pokemon cards. And THOSE testimonies have never been leaked or revealed until the latest rumoured indictments are handed down, and then the true strength of The People's case v tRump will be known...and it promises to be STRONG.

Expand full comment

💙💙 Love this 💙💙 I saw something on YouTube that awful day when trying to figure out wtf was happening (I wasn't on any social media then so was blindsided) it was from Dec.'20 but I haven't seen it anywhere since and hoping they have it too. I've offered...

Expand full comment

I have high hopes for this case. This is not Florida, stacked to the ceiling with Trump supporters, where finding an impartial jury is a job in and of itself. This is DC - VERY different.

Expand full comment
author

very different.

Expand full comment

They could put this Floridian on that jury!!! Well, this text probably just blew that and I'm in the wrong county.

Expand full comment

I'm not surprised the focus is not on the insurrection. Trump has always relied on the mafia defense. We all know John Gotti "gave the order" - but as long as his top capos didn't rat on him, that may have been obvious but it wasn't provable beyond a reasonable doubt. Trump had an advantage over Gotti, though. He was able to buy the silence of his capos by giving them all pardons. It's good to be the king.

Expand full comment

You nailed that one, Sheldon. Mafia Don learned his lessons well at the knee of Roy Cohn.

Expand full comment

May It Be So.

And let’s get after the Rs in Congress who were complicit. One can hope, right?

Expand full comment
author

Perhaps one day

Expand full comment

well, Michigan has initiated charges against those fake electors...... wheels of Justice turning super slowly!

Expand full comment

Actually, MI originally referred the fake electors cases to the federal level but became frustrated when nothing happened, so resumed their own prosecution.

Expand full comment

Thank you for your legal summations and explanations. For those of us who try to understand what is going on, you always provide language we can understand.

Expand full comment
Jul 19, 2023Liked by Jay Kuo

Thank you once again for breaking all of this down. Now to sit and wait (somewhat patiently) until the official indictment.

Expand full comment

Thanks for the statutory analyses. It really helps clarify what is at stake.

Expand full comment

This is such a thorough, helpful and, dare I say, encouraging explanation of what is likely coming down the pike. Thank you so much, Jay!

Expand full comment

Thank you for filling in all the legal fact and presenting them in away that is easily understandable.

Expand full comment

Here’s hoping...

Expand full comment

Thank you once again for your thoughtful and comprehensive analysis, especially with all that you have going on just now.

The "color of law" concept is new to me, and one that I have a question about.

Could that conceivably be applied to someone who is exercising what they purport to be their first or second amendment rights and, in so doing, deprives someone else of THEIR rights?

Fox News for example, in exercising their first amendment rights, has injured and deprived many people of their own rights. When they have slandered or defamed there is an obvious recourse, but could the notion of "color of law" widen the scope?

Thanks!

Expand full comment
author

Good question. But color of law really is limited to government officials. So Fox, while it feels like state run media, is not covered.

Expand full comment

I was thinking about DeSantis being charged under this law, for all the unconstitutional laws he has passed, which deprived people of their constitutional rights. 🤞

Expand full comment
Jul 19, 2023·edited Jul 19, 2023

It's a bit disheartening that the sentences for most of these charges are fines and the possibility of one year imprisonment. The possible twenty year sentence is somewhat comforting on the last charge, at least, but as I read this, I had visions of Trump paying thousands of dollars, in fines and spending a very few months in a Country Club prison, then being released only to run for President again. So, yes, it's comforting that he will finally face a jury of his peers for his many crimes but it seems there's too great a possibility of little bang for the buck. I'm hanging on your every word, though, Jay, and keeping my fingers and toes crossed.

Expand full comment
Jul 19, 2023Liked by Jay Kuo

Just remember, at his age, 5 years can be huge (or should I say "yuge"??) But I agree and was hoping for the higher charges. (No offense meant to President Biden but having elderly 85+ year old parents, where they were 5 years ago is not where they are today.)

Expand full comment

MK, you forgot to factor in his horrid died and physical condition, as well as the fact prison food doesn't come from his preferred sources (withdrawal), and that there is no way no how he would be allowed to exercise in the general population. Can you imagine as the guards point to the weight machines saying "Sorry, no golf for you. If you want to exercise, here you go."

OH! I almost forgot! He wouldn't have access to his make-up and hair products, so he'd begin to look every day of his age. Imagine the prison population's reaction to that one.

Expand full comment

And I believe if he is convicted he can no longer run for office.

Expand full comment

I could be wrong, but I haven't heard of anything that would prevent it other than custom and tradition. Those have failed to protect us since 2016.

Expand full comment

Not so - but in a fun twist, Florida makes it very difficult for ex-cons to get back their voting rights. So he could RUN, but he couldn't VOTE for himself!

Expand full comment

Thank you as always, Jay, for your most informative and illuminating comments.

A couple of thoughts occurred to me. First, a question regarding the second charge (deprivation of rights under color of law): Does the injured party actually have to have suffered deprivation of rights, or does attempted deprivation count? If the latter is the case, the injured party could be something like the voters of the United States, although I can see why Smith wouldn't want to go to trial with something as sweeping as that.

Second, as a New Mexican, it has made no sense to me that the NM GOP was involved in the fake elector scheme because NM was not a swing state in the 2020 election and there was no chance that Trump would get very close to winning here. Then just yesterday it finally dawned on me: John Eastman lives here. Perhaps NM was meant to be a vanity exercise for Eastman.

Expand full comment

or perhaps he thought that because NM is relatively small fry, he could slip that one through and then use it to justify all the rest ("Hey, you let my plot stand THERE, so whatabout equal protection under the law, eh? If it is legal in one place, how is it not legal in all?")

Dealing with these seditious Fascists seems like handling a cockroach infestation by chasing them down and stepping on them one by one. The Founders, apparently, never envisaged having to fumigate the whole country.

Expand full comment

They may have thought that, but with our excellent SOS, badass then-AG, and Dem state legislature, it was never going to fly here. (Since then, the NM Supreme Court made Jan 6 seditionist Couy Griffin give up his seat on the Otero County Board of Supervisors and barred him from further public office, so we’ve been fumigating away.)

Expand full comment