No surprise, really.
First we have the border wall materials that are being auctioned off. This not only hurts Trump, but it hurts all taxpayers, because it means to build the wall he’ll have to buy new materials at a higher price:
The Biden administration is using its final weeks to haul a massive amount of border wall materials away from the southern border to be sold off in a government auction, an apparent effort to hinder President-elect Donald Trump’s effort to secure the border, The Daily Wire has learned.
Videos obtained exclusively by The Daily Wire from a U.S. Customs and Border Patrol agent show unused sections of the wall being hauled away on the back of flatbed trucks from a section of the border just south of Tucson, a hotspot for illegal crossings during the Biden administration. The agent estimates that up to half a mile per day of unused border wall is being moved.
“They are taking it from three stations: Nogales, Tucson, and Three Points,” the border patrol agent, who was granted anonymity to speak freely, told The Daily Wire. “The goal is to move all of it off the border before Christmas.”
Secondly we have the continuation of the prosecution of some of the remaining J6 defendants, and the re-definition of the meaning of a pardon by Merrick Garland’s DOJ, which now says acceptance of a pardon is an admission of guilt:
“[A] pardon at some unspecified date in the future … would not unring the bell of conviction,” federal prosecutors argued in a Jan. 6 case before U.S. District Judge Carl Nichols. “In fact, quite the opposite. The defendant would first have to accept the pardon, which necessitates a confession of guilt.”
The pronouncement is the latest attempt by the Justice Department to salvage the legacy of its Jan. 6 investigation, which leaders say is the most sweeping criminal probe in American history. Trump has pledged to unravel that probe with the stroke of his pen by granting clemency to many of the nearly 1,600 people who have been charged for their roles in the attack on the Capitol four years ago.
The legal significance of presidential pardons, and whether they imply guilt, has been debated in courts for decades. The Supreme Court has opined that pardons often carry an “imputation of guilt” even if the consequences for that guilt are erased. And the Justice Department has previously concluded that even if pardons eliminate criminal consequences, those convicted of crimes can still face punishment in other forums, like professional ethics boards.
“A pardon … does not erase the conviction as a historical fact or justify the fiction that the pardoned individual did not engage in criminal conduct,” the Justice Department’s Office of Legal Counsel wrote in a 2006 opinion.
Do you see the difference? It is true that some of the J6 defendants pled guilty (often under threat of much greater sentences if they don’t, of course). And no, pardons don’t erase that in the legal sense. But pardons do not come with the necessity for “an admission of guilt” by those pardoned. The do imply guilt, or they can imply guilt, and they don’t legally wipe away the confiction, but that’s a far cry from a confession of guilt through the acceptance of a pardon.
And here’s the ramping up part:
Activity in the J6 investigation accelerated the month before the election. At least 16 individuals were arrested; home security camera footage obtained by RCI shows the heavily-armed pre-dawn FBI raid of a subject in California on October 17.
Shortly after the election, DOJ officials instructed attorneys working on J6 cases to carry on regardless of the pending change in leadership. “[Federal] prosecutors in the Justice Department’s Capitol Siege Section received guidance this week about how to proceed in pending Jan. 6 cases … including a directive to oppose any Jan. 6 defendant’s requests for delays,” Ryan J. Reilly of NBC News reported on Nov. 9. “Prosecutors are instructed to argue that there is a societal interest in the quick administration of justice and these cases should be handled in the normal order.”
Here’s one of these recent cases (emphasis mine):
On December 6, Lamberth not only sentenced Grillo to 12 months in federal prison but took the unusual move of remanding him into immediate custody; judges usually allow a defendant to report two to three months following sentencing. Lamberth’s decision appeared to make sure Grillo spent some time in jail before a presidential pardon spared him.
In a 13-page sentencing document explaining his reasons for imposing such a harsh move, Lamberth again criticized what he believes are attempts to “minimize the events of January 6.” Lamberth then erroneously claimed five police officers died as a result of the protest. “One can only wonder what further horrors might have transpired if our elected officials had not gotten out in time. No matter what ultimately becomes of the Capital Riots cases already concluded and still pending, the true story of what happened on January 6, 2021 will never change.”
The “true story” does not involve the death of any officers as a result of the protest. And yet the judge appears to think it does.
