They’ve been trying to convict Trump of something for a long long time. So far, no dice. But the thrust of the January 6th hearings was to lay the ground for conviction of a crime later on through the court system. Failing that, the secondary goal was to discredit him so that he either will not run in 2024 or if he does he will do poorly.
It the same technique that was successful with Netanyahu in Israel in 2021, although he appears to be making a comeback because the charges were so obviously bogus when the trial played out.
This is what they’re brewing for Trump:
The move by the Justice Department to bring two top aides to former Vice President Mike Pence in front of a federal grand jury is the most aggressive public step taken yet by prosecutors investigating the plots to subvert the 2020 election.
It signals that the Department’s probe has reached inside former President Donald Trump’s White House and that investigators are looking at conduct directly related to Trump’s and his closest allies’ efforts to overturn his election defeat…
The questions to Jacob and Short included a focus on the fake elector scheme and the role of Trump lawyers John Eastman and Rudy Giuliani, the source said…
The House committee has described the fake electoral plot, in which Trump supporters would be fraudulently put forward as substitutes for the legitimate Biden electors, as part of the broader push to have Pence interrupt the certification of Biden’s win.
Interesting that this all is being labeled as criminal. But the left is no stranger to related devices – such as calls for Trump electors to defect to Hillary – which I wrote about in 2016, after Trump won.
And then there was the election of 1876, which you can read about here.
One of the approaches to convicting Trump has to do with what the left has labeled the “fake electors” plot by Trump and company. I had written about the event back in December of 2020, when it occurred, and there was nothing fake or secret about it. In that post, I quoted this:
While the Democratic electors in the states of Pennsylvania and Georgia are casting their votes for Joe Biden, slates of Republican electors in those states cast votes for President Trump just in case legal challenges succeed.
There’s also word that Michigan may be doing it as well. Michigan GOP Electors were prevented from getting into the state house to vote. But they can vote anywhere.
So what that means is that they are trying to ensure that ultimately they have enough votes on record.
It also offers Congress and the state legislatures an alternate slate of electors in the contested states.
Here’s how “politifact” later described (January of 2022) what happened back then:
But on the same day — Dec. 14, 2020 — something unusual happened: In several battleground states where Joe Biden had defeated President Donald Trump, representatives of the losing side decided that they, too, would gather as purported electors to sign certificates falsely attesting to a Trump win and submit them for approval by Congress.
Months later, American Oversight, a watchdog group that seeks to hold Trump accountable through public records requests, published the phony certificates calling them “part of the failed attempt to overturn the results of the 2020 election.”
This was no small caper by a few disappointed Trump loyalists.
The fake electoral certificates were signed by Republican state lawmakers and party officials in Georgia, Arizona, Michigan, Pennsylvania, Wisconsin, Nevada and New Mexico, states accounting for a combined 84 electoral votes. And like the violent insurrectionists who came to the Capitol on Jan. 6 with knives, bats and other weapons, the fake electors sought to overturn a democratic election through extralegal means. They did so in a coordinated effort, mostly out in the open, and through official channels.
Note how the contingency of court approval is described:
The certificates in Pennsylvania and New Mexico hedged by tweaking the language suggesting that they would be the electors if it was later determined they were the electors — for instance, through a final court order…
“It was not freelancing. It was a coordinated effort,” said Norman Eisen, who was special counsel to the House Judiciary Committee during the first Donald Trump impeachment and co-authored a report for Brookings about Trump’s effort to overturn the results in Georgia. “These appear to be false documents that were submitted to the federal government. They were handed in to the National Archives as the genuine articles are supposed to be.”
And everyone knew what they were and what they were intended to be.
See this for what’s happening now:
According to the Washington Examiner, questions are being asked about what Trump said in meetings around the time, including what he may have told others to do in regards to stopping the certification of the election results. One specific line of inquiry entails the so-called “false electors” scheme members of the press have been going nuts over.
This Washington Examiner story adds:
The investigation aims to uncover what the former president told his attorneys and senior officials to do as part of their bid to change the 2020 election outcome, and there are two other paths that could lead to additional scrutiny of Trump, the sources said.
One centers on seditious conspiracy and conspiracy to obstruct a government proceeding, similar to charges levied against individuals who were arrested for storming the Capitol. Another involves charging Trump with fraud in connection to the false electors plot or his efforts to pressure the DOJ to overturn the results of the election.
At RedState, “bonchie” adds:
None of the “false electors” ever cast a vote for anything, they didn’t interfere with the election, and the original electors cast their votes for Joe Biden. If that’s what the DOJ is probing, good luck proving a “seditious conspiracy” without any actual attempt at sedition on the record. Besides, how can something be a conspiracy when the plans were public knowledge at the time?
My response is that (a) they will take the actual facts and use them to allege something more nefarious, and this effort will include threats to the former Trump associates they want testifying a certain way; and (b) if they want to charge Trump, they will do so in DC and they will get the verdict they want no matter if the charges are incredibly flimsy.
After the Flynn case (and even before that), anything is possible. The only real question is whether they will actually try to do it, or whether they will be afraid of backlash and/or think a trial is not necessary because they think they have better means to accomplish their ends.