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Jesse Watters: This is a dark day for America
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The legal case brought against former President Donald Trump by Manhattan District Attorney Alvin Bragg—seen here holding a press conference on Sept. 8 in New York City, flanked by state Attorney General Letitia James—is not helped by the recent testimony of Robert Costello, Michael Cohen’s former legal adviser. Costello told Fox News that he told the grand jury that Cohen, who would be Bragg’s chief witness on the supposed federal campaign-finance violation, is a “serial liar.” (Photo: David Dee Delgado/Getty Images)
The widely reported indictment of former President Donald Trump by the Manhattan District Attorney’s Office, headed by Alvin Bragg, doesn’t come as a surprise.
That lack of surprise, though, isn’t because he’s necessarily guilty of any crimes. Like anyone else accused of a crime, Trump is deemed to be innocent unless and until proven guilty beyond a reasonable doubt by legal and competent evidence.
The lack of surprise stems from the fact that it’s clear he’s been the target of potential prosecution by politically ambitious local district attorneys in New York and Georgia—and by a politicized federal Justice Department—for some time.
Recently, New York Attorney General Letitia James spearheaded a civil investigation into the Trump Organization and many of its business dealings, while the Manhattan District Attorney’s Office, led by then-DA Cy Vance, ran a parallel criminal investigation.
Under Vance’s successor, Trump Organization Chief Financial Officer Allen Weisselberg ultimately pled guilty to a tax fraud scheme and he provided testimony against the Trump Organization, which itself was convicted of participating in that scheme.
Indictment Not Yet Released
Trump himself, though, faced no personal liability in those investigations. Now, however, Bragg, the current Manhattan DA, who came into office touting liberal nonprosecution policies, has apparently charged Trump with alleged crimes.
While the indictment itself has not been released, we know that the investigation focused on what has been labeled as “hush money” payments to adult film star Stephanie Clifford, who goes by the name Stormy Daniels.
Daniels claims she had an affair with Trump, which he has denied. Prosecutors allege that in the final days of his 2016 presidential campaign, Trump paid her $130,000 in hush money through his then-attorney/fixer Michael Cohen and reimbursed Cohen via monthly payments from his company for legal and other services that were not provided.
Cohen ultimately pled guilty to several federal offenses, including perjury and three relatively minor (when compared with the other charges to which he pled guilty) campaign finance chargesrelated to those payments.
With respect to the campaign finance charges, in essence, the government’s theory was that when Cohen made the initial payment to Daniels, he was doing so “in order to influence the 2016 presidential election” and was, therefore, making a campaign donation in excess of the legal limit, for which he was ultimately reimbursed.
The government also claimed, and Cohen admitted, that Cohen arranged an additional $150,000 to Karen McDougal, a former Playboy Playmate, who also claimed to have had an affair with Trump. Cohen is alleged to have arranged this payment from David Pecker, a friend of Trump’s who, at the time, was the CEO of American Media Inc. and the publisher of the National Enquirer, as part of a “catch and kill” scheme to buy the exclusive rights to McDougal’s story in order to ensure that it would never get published.
Federal prosecutors granted immunity to Pecker in exchange for his cooperation, and it has been reported that Pecker testified twice before the grand jury in connection with Bragg’s investigation. The National Enquirer, however, paid a $187,500 fine to the Federal Election Commission after the FEC concluded that the $150,000 payment was an illegal corporate campaign contribution that had been arranged in coordination with people with the Trump campaign, including Cohen.
At the time of his sentencing, Cohen stated that he “acted in coordination with and at the direction of” Trump when he made and arranged those payments.
Shoehorning Allegations Into a Prosecution
Bragg, it seems, is trying to shoehorn those allegations into a prosecution against Trump for several New York state crimes. Essentially, Bragg is trying to elevate a New York state misdemeanor case for falsifying business records (under Article 175 of the New York Penal Code) related to the hush-money payments to a state felony offense by alleging that Trump acted with an “intent to defraud” by making misleading entries in the company’s business records in order to cover up another crime—in this case, the alleged federal campaign finance violation committed by Cohen to assist the Trump campaign.
As one of us explained in a 2018 article, “Those claiming that this settlement with Stormy Daniels was a campaign-related expense and a violation of campaign finance law don’t have much of a leg to stand on.”
It’s also worth noting that neither the Federal Election Commission nor the U.S. Justice Department, which are responsible for enforcing federal campaign finance laws, thought this settlement payment violated federal campaign finance laws. In fact, the Justice Department considered the matter, but ultimately closed its investigation without bringing any charges against Trump.
So did the FEC, when it closed its investigation without any finding of wrongdoing.
The Washington Post said that it “would be unusual for a state prosecutor to use an alleged violation of a federal law, rather than of a state campaign finance law, as grounds to elevate a false-paperwork case from a misdemeanor to a felony.” (Bear in mind that New York state campaign finance laws do not apply to a federal candidate running for the presidency or for Congress.)
And even The New York Times admits that the “case against the former president hinges on an untested and therefore risky legal theory involving a complex interplay of laws, all amounting to a low-level felony.”
Bragg’s case is also not helped by the recent testimony of Robert Costello, Cohen’s former legal adviser. Costello told Fox News that he told the grand jury that Cohen, who would be Bragg’s chief witness on the supposed federal campaign finance violation, is a “serial liar.”
Appealing to Bragg’s Base
Bragg’s pursuit of this case stands in stark contrast to his pledge not to prosecute many other crimes and cases—even violent crimes. Still, it’s not surprising since by filing these charges, Bragg will immediately become a political rock star to some on the Left.
In terms of federal authorities, we know that special counsel Jack Smith, a career prosecutor who most recently prosecuted war crimes at The Hague, is investigating potential crimes allegedly committed by Trump related to the events surrounding the Jan. 6, 2021, Capitol riot and the retention of classified documents after he left office.
While the Justice Department doesn’t comment on pending investigations, we do know that in relation to the Jan. 6 investigation, Smith has seized cellphones and other evidence from Trump advisers and has issued subpoenas for a number of Trump allies, attorneys, and administration officials to appear in front of a grand jury.
Some, such as former Vice President Mike Penceand Trump attorney Evan Corcoran, are fighting the subpoenas based on the speech or debate clause of the Constitution, attorney-client privilege, and other privileges.
Meanwhile, in Atlanta
Like the federal investigation, the Fulton County district attorney, Fani Willis, a Democrat, has focused on Trump’s conduct in the aftermath of the 2020 election. And like the federal investigation, she compelled a number of Trump allies and officials to appear before a special grand jury to give testimony.
At one point, a state court judge barred Willis from targeting a state senator, now the lieutenant governor, after she held a fundraiser for his Democratic opponent, who was running as a candidate for the same office.
That incident is revealing about what might be Willis’ true motivations.
We don’t know much about what evidence this special grand jury collected. Grand jury proceedings, by their nature, are secret, or at least should be. However, we did get a glimpse of what could be coming when the special grand jury’s forewoman gave a series of bizarre interviews hinting that it had recommended indicting multiple people.
Under Georgia law, though, a different grand jury would decide which, if any, indictments to return. Likely charges would include conspiracy to commit election fraud (§21-2-603 of the Georgia Code) or soliciting others to commit election fraud (§21-2-604 of the Georgia Code).
Racketeering?
It has also been rumored that Trump might be charged with violating the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act (§16-14-4 of the Georgia Code).
Although modeled after the federal RICO statute, which was created to help combat traditional organized crime, the Georgia statute is significantly broader. For example, while the federal statute requires proof of continuity and an enterprise, the Georgia statute can be used to prosecute individuals who violate (including attempting or conspiring to violate) two or more of the 42 specifically delineated federal and state crimes (which are classified as “racketeering activity” and listed in §16-14-3) over a relatively short period of time “in furtherance of one or more incidents, schemes, or transactions that have the same or similar intent, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents.”
In other words, the two criminal acts have to be part of a pattern of behavior—not isolated acts—done with the same intent, to achieve a common result, or that have other distinguishing, interrelated characteristics.
A conviction under the Georgia RICO statute carries a potential penalty of 20 years’ imprisonment and a fine of $25,000 or three times the amount of any financial gain, whichever is greater.
The genesis of this investigation was an hourlong telephone call that transpired on Jan. 2, 2021, primarily between Trump and Georgia Secretary of State Brad Raffensperger. Others on the call were Mark Meadows, John Eastman, Rudy Giuliani, three other Trump attorneys (Cleta Mitchell, Alex Kaufman, and Kurt Hilbert), and Raffensperger’s general counsel, Ryan Germany.
That ‘Perfect’ Call
The accusations against Trump include directing Raffensperger to “find” votes for him in order to overturn the results of the election in that state. While the call was not “perfect,” as Trump claims, it’s also not at all clear from the transcript of that call that Trump was doing any such thing.
If anything, it appears as though Trump was telling Raffensperger that all Trump’s attorneys had to do was “find” a sufficient number of votes in order to get the results overturned by a judge in one of the many pending cases that his lawyers had already filed in that state that contested the validity of the election and claimed that fraudulent votes had been submitted and that all of the legitimate ballots cast had not been properly counted.
Trump might also be charged with lying—what the media has labeled “The Big Lie”—about the fact that the election was stolen. It’s not enough, however, to prove that Trump was wrong when he claimed that the election in Georgia (and elsewhere) had been stolen. Georgia prosecutors would have to prove that he knew he was wrong at the time and was, therefore, lying.
While it’s clear that there were many people even within his administration who did not believe the election had been stolen and who were telling Trump that, it’s equally clear that there were other individuals that Trump trusted who were telling him that the election was stolen and that they would ultimately be able to prove that in court and in the court of public opinion.
By relying on the latter group rather than the former, Trump might have been wrong, perhaps egregiously so, but that doesn’t mean that he was lying when he made those claims in the immediate aftermath of the election, or even today.
Even though an indictment has not yet been returned, Trump’s attorney is already fighting back, having filed a lengthy document seeking to quash the special grand jury’s report, disqualify the Fulton County District Attorney’s Office from any further involvement, and preclude any prosecuting office from using any of the evidence that was presented to the special grand jury.
Also deeply troubling is the fact that some of the people who have been designated as “targets” by Willis are local Republican Party activists who served as alternate or contingent electors—who opponents have labeled “fake” electors—for Trump.
The idea of alternate electors isn’t new. It happened in 1876 and 1960, when the outcome of particular states’ presidential vote remained unclear. A slate of electors for each candidate met, cast their ballots for their preferred candidate, and waited for the dispute to be resolved.
In the 1960 election, the votes of the alternate slate of electors from Hawaii who cast their votes for John Kennedy ultimately had their votes counted, even though the governor of Hawaii initially certified the votes that had been cast by electors voting for Richard Nixon.
In 2000, then-Rep. Patsy Mink, D-Hawaii, suggested that then-Vice President Al Gore designate a slate of contingent electors who would vote in Florida while litigation in the aftermath of that election was ongoing in that state. If a slate of electors didn’t cast their ballots for Gore on the date prescribed by federal law, Gore wouldn’t have a remedy even if he eventually won his electoral challenge. Gore decided to concede on Dec. 13, five days before the electors met to officially cast their votes.
Dangerous Precedent
Were any of the alternate electors or Mink indicted for attempting to obstruct an election? Of course not. Only now, when these alternate electors—who opponents have labeled “fake” electors—cast their ballots for Trump have they been subjected to potential criminal liability.
That’s a dangerous precedent to set.
Party activists should be allowed—indeed, encouraged—to participate in the hurly-burly of the political process without having to worry about the criminal law being weaponized against them.
Moreover, under §21-2-172 of the Georgia Code, the authority to choose electors is given to the “state party or body chairperson of such political party,” so members of the state Republican Party and its chairman appear to have been acting in compliance with state law in selecting a group of contingent electors as a backup in case any of the election contests were successful in court. Ditto for the candidate and campaign for which those electors cast their ballots.
A judge disqualified Willis from continuing her investigation into one of the alternate electors because she had hosted a fundraiser for his political opponent. As one of us previously wrote, “Think about that: She hosted a fundraiser for someone who was running against an individual whom she had already publicly labeled as a target of a criminal investigation that she was conducting.”
This is all, of course, completely unprecedented. Never before has a former president, much less one who is currently running to regain his old office, been charged with a crime.
While we must wait to see what evidence prosecutors have marshaled to support their charges, it seems clear that the only reason Trump was the focus of these investigations in the first place is because of who he is—not necessarily because of the severity of any violations.
Have an opinion about this article? To sound off, please email letters@DailySignal.com and we’ll consider publishing your edited remarks in our regular “We Hear You” feature. Remember to include the url or headline of the article plus your name and town and/or state.
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The left praises democracy when elected but claims the right will destroy democracy when it loses. Pictured: Former presidential candidate Hillary Clinton discusses the 2016 election during her 2017 book tour. (Photo: Bastiaan Slabbers, NurPhoto/Getty Images)
Recently, Democrats have been despondent over President Joe Biden’s sinking poll numbers. His policies on the economy, energy, foreign policy, the border, and COVID-19 all have lost majority support.
As a result, the left now variously alleges that either in 2022, when it expects to lose the Congress, or in 2024, when it fears losing the presidency, Republicans will “destroy democracy” or stage a coup.
A cynic might suggest that those on the left praise democracy when they get elected, only to claim it is broken when they lose. Or they hope to avoid their defeat by trying to terrify the electorate. Or they mask their own revolutionary propensities by projecting them onto their opponents.
After all, who is trying to federalize election laws in national elections contrary to the spirit of the Constitution? Who wishes to repeal or circumvent the Electoral College? Who wishes to destroy the more than 180-year-old Senate filibuster, the over 150-year-old nine-justice Supreme Court, and the more than 60-year-old 50-state union?
Who is attacking the founding constitutional idea of two senators per state?
The Constitution also clearly states that “When the President of the United States is tried, the Chief Justice shall preside.” Who slammed through the impeachment of former President Donald Trump without a presiding chief justice?
Never had a president been either impeached twice or tried in the Senate as a private citizen. Who did both?
The left further broke prior precedent by impeaching Trump without a special counsel’s report, formal hearings, witnesses, and cross-examinations.
Who exactly is violating federal civil rights legislation?
New York City’s Department of Health and Mental Hygiene in December decided to ration new potentially lifesaving COVID-19 medicines, partially on the basis of race, in the name of “equity.”
The agency also allegedly used racial preferences to determine who would be first tested for COVID-19. Yet such racial discrimination seems in direct violation of various title clauses of the 1964 Civil Rights Act.
That law makes it clear that no public agency can use race to deny “equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof.” Who is behind the new racial discrimination?
In summer 2020, many local- and state-mandated quarantines and bans on public assemblies were simply ignored with impunity—if demonstrators were associated with Black Lives Matter or protesting the police.
Currently, the Biden administration is also flagrantly embracing the neo-Confederate idea of nullifying federal law.
The Biden administration has allowed nearly 2 million foreign nationals to enter the United States illegally across the southern border—in hopes they will soon be loyal constituents.
The administration has not asked illegal entrants either to be tested for or vaccinated against COVID-19. Yet all U.S. citizens in the military and employed by the federal government are threatened with dismissal if they fail to become vaccinated.
Such selective exemption of lawbreaking non-U.S. citizens, but not millions of U.S. citizens, seems in conflict with the equal protection clause of the 14th Amendment.
After entering the United States illegally, millions of immigrants are protected by some 550 “sanctuary city” jurisdictions. These revolutionary areas all brazenly nullify immigration law by refusing to allow federal immigration authorities to deport illegal immigrant lawbreakers.
At various times in our nation’s history—1832, 1861-65, and 1961-63—America was either racked by internal violence or fought a civil war over similar state nullification of federal laws.
In the last five years, we have indeed seen many internal threats to democracy.
Hillary Clinton hired a foreign national to concoct a dossier of dirt against her presidential opponent. She disguised her own role by projecting her efforts to use Russian sources onto Trump. She used her contacts in government and media to seed the dossier to create a national hysteria about “Russian collusion.” Clinton urged Biden not to accept the 2020 result if he lost, and herself claimed Trump was not a legitimately elected president.
The chairman of the Joint Chiefs of Staff has violated laws governing the chain of command. Some retired officers violated Article 88 of the Uniform Code of Military Justice by slandering their commander in chief. Others publicly were on record calling for the military to intervene to remove an elected president.
Some of the nation’s top officials in the FBI and intelligence committee have misled or lied under oath either to federal investigators or the U.S. Congress, again, mostly with impunity.
All these sustained revolutionary activities were justified as necessary to achieve the supposedly noble ends of removing Trump.
The result is Third World-like jurisprudence in America aimed at rewarding friends and punishing enemies, masked by service to social justice.
We are in a dangerous revolutionary cycle. But the threat is not so much from loud, buffoonish, one-day rioters on Jan. 6. Such clownish characters did not for 120 days loot, burn, attack courthouses and police precincts, cause over 30 deaths, injure 2,000 policemen, and destroy at least $2 billion in property—all under the banner of revolutionary justice.
Even more ominously, stone-cold sober elites are systematically waging an insidious revolution in the shadows that seeks to dismantle America’s institutions and the rule of law as we have known them.
(C)2022 Tribune Content Agency, LLC.
The Daily Signal publishes a variety of perspectives. Nothing written here is to be construed as representing the views of The Heritage Foundation.
Have an opinion about this article? To sound off, please email letters@DailySignal.com and we’ll consider publishing your edited remarks in our regular “We Hear You” feature. Remember to include the URL or headline of the article plus your name and town and/or state.
The Honorable Representative Adam Kinzinger of Illinois, Washington D.C.
Dear Representative Adam Kinzinger,
I noticed that you are a pro-life representative that has a long record of standing up for unborn babies! It was in the 1970’s when I was first introduced to the works of Francis Schaeffer and Dr. C. Everett Koop and I wanted to commend their writings and films to you.
I recently read about your impressive pro-life record:
Washington, DC – Today, Congressman Adam Kinzinger (IL-16) joined his House Republican colleagues in a press conference urging Democratic leadership to allow a vote on the Born Alive protections. The proposal would protect babies who survive abortion and provide them with the same medical care that any other premature baby would receive. Yesterday, the Democrats blocked the proposed legislation—for the 17th time—from coming before the House for a vote.
Joining the Congressman and House Republican leaders at the press conference this morning was Jill Stanek, an Illinois nurse and pro-life advocate who has witnessed the devastating realities of these pro-abortion laws. The Illinois legislature is currently debating two abortion bills, similar to the extreme pro-abortion agendas in New York and Virginia.
It seems you have a grudge against President Trump while our freedoms under President Biden are being taken away. I recommend to you the article below:
The January 6 Insurrection Hoax
• Volume 50, Number 9 • Roger Kimball
Roger Kimball
Editor and Publisher, The New Criterion
Mr. Kimball concludes his article with these words:
That’s one melancholy lesson of the January 6 insurrection hoax: that America is fast mutating from a republic, in which individual liberty is paramount, into an oligarchy, in which conformity is increasingly demanded and enforced.
Another lesson was perfectly expressed by Donald Trump when he reflected on the unremitting tsunami of hostility that he faced as President. “They’re after you,” he more than once told his supporters. “I’m just in the way.”
Bingo.
You can google and get Roger Kimball article “The January 6 Insurrection Hoax”
NOW WHAT DID YOU DO TO TURN YOUR BACK ON OUR LIBERTY AND PERPETUATE THE HOAX THAT JANUARY 6TH WAS AN INSURRECTION? Read below!!
9 Republicans voted to hold Trump aide Bannon in contempt of Congress
There were a few Republicans Thursday who surprised observers when they voted in support of holding former Trump adviser Steve Bannon in contempt of Congress and referring him to the Justice Department for criminal prosecution.
Prior to the vote, four Republicans were considered a lock to approve the criminal referral, according to Capitol Hill sources: Reps. Liz Cheney of Wyoming, Adam Kinzinger of Illinois, Fred Upton of Michigan and Anthony Gonzalez of Ohio.
Cheney and Kinzinger are on the House select committee investigating the Jan. 6 insurrection at the U.S. Capitol, and have for months stood alone as the only two House Republicans willing to speak out against former President Donald Trump’s continued lies about the 2020 election. They were the only two House Republicans to vote for the formation of the select committee on June 30.
House Speaker Nancy Pelosi formed the select committee after Republicans rejected a bipartisan commission that would have been evenly split between five Democrats and five Republicans. Only 35 Republicans voted for that measure when itpassed the House of Representatives, and it was defeated by a GOP filibuster in the Senate.
Upton has served in the House for more than three decades, since 1987, and will face a primary challenge next year because of his willingness to stand up to Trump.
Gonzalez is retiring from Congress next year, after only four years in the House. “While my desire to build a fuller family life is at the heart of my decision, it is also true that the current state of our politics, especially many of the toxic dynamics inside our own party, is a significant factor in my decision,” Gonzalez said in September when heannounced he would not seek another term.
The remaining five Republicans included three who voted for impeachment — Peter Meijer of Michigan, John Katko of New York and Jaime Herrera Beutler of Washington — and two House Republicans who did not vote to impeach Trump: Nancy Mace of South Carolina and Brian Fitzpatrick of Pennsylvania.
Do you realize that Americans rights are being taken away from them and would you like an example? I am going to quote Mr. Kimball again. You can google and get Roger Kimball article “The January 6 Insurrection Hoax”
Trump seems never to have discerned what a viper’s nest our politics has become for anyone who is not a paid-up member of The Club.
Maybe Trump understands this now. I have no insight into that question. I am pretty confident, though, that the 74 plus million people who voted for him understand it deeply. It’s another reason that The Club should be wary of celebrating its victory too expansively.
Friedrich Hayek took one of the two epigraphs for his book, The Road to Serfdom, from the philosopher David Hume. “It is seldom,” Hume wrote, “that liberty of any kind is lost all at once.” Much as I admire Hume, I wonder whether he got this quite right. Sometimes, I would argue, liberty is erased almost instantaneously.
I’d be willing to wager that Joseph Hackett, confronted with Hume’s observation, would express similar doubts. I would be happy to ask Mr. Hackett myself, but he is inaccessible. If the ironically titled “Department of Justice” has its way, he will be inaccessible for a long, long time—perhaps as long as 20 years.
Joseph Hackett, you see, is a 51-year-old Trump supporter and member of an organization called the Oath Keepers, a group whose members have pledged to “defend the Constitution against all enemies foreign and domestic.” The FBI does not like the Oath Keepers—agents arrested its leader in January and have picked up many other members in the months since. Hackett traveled to Washington from his home in Florida to join the January 6 rally. According to court documents, he entered the Capitol at 2:45 that afternoon and left some nine minutes later, at 2:54. The next day, he went home. On May 28, he was apprehended by the FBI and indicted on a long list of charges, including conspiracy, obstruction of an official proceeding, destruction of government property, and illegally entering a restricted building.
As far as I have been able to determine, no evidence of Hackett destroying property has come to light. According to his wife, it is not even clear that he entered the Capitol. But he certainly was in the environs. He was a member of the Oath Keepers. He was a supporter of Donald Trump. Therefore, he must be neutralized.
Joseph Hackett is only one of hundreds of citizens who have beenbranded as “domestic terrorists” trying to “overthrow the government” and who are now languishing, in appalling conditions, jailed as political prisoners of an angry state apparat.
Let me recommend that you read this letter below from Senator Ron Johnson and his colleagues:
Sen. Johnson and Colleagues Request Answers from DOJ on Unequal Application of Justice to Protestors
WASHINGTON — U.S. Sen. Ron Johnson (R-Wis.), along with senators Tommy Tuberville (R-Ala.), Mike Lee (R-Utah), Rick Scott (R-Fla.), and Ted Cruz (R-Texas), sent a letter on Monday to Attorney General Merrick Garland requesting information on the unequal application of justice between the individuals who breached the Capitol on Jan. 6, and those involved in the unrest during the spring and summer of 2020. The senators sent 18 questions to the attorney general on what steps the DOJ has taken to prosecute individuals who committed crimes during both events, and requested a response by June 21.
“Americans have the constitutional right to peaceably assemble and petition the government for a redress of grievances,” the senators wrote. “This constitutional right should be cherished and protected. Violence, property damage, and vandalism of any kind should not be tolerated and individuals that break the law should be prosecuted. However, the potential unequal administration of justice with respect to certain protestors is particularly concerning.”
The full text of the letter can be found here and below.
June 7, 2021
The Honorable Merrick B. Garland
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Attorney General Garland:
The U.S. Department of Justice (DOJ) is currently dedicating enormous resources and manpower to investigating and prosecuting the criminals who breached the U.S. Capitol on January 6, 2021. We fully support and appreciate the efforts by the DOJ and its federal, state and local law enforcement partners to hold those responsible fully accountable.
We join all Americans in the expectation that the DOJ’s response to the events of January 6 will result in rightful criminal prosecutions and accountability. As you are aware, the mission of the DOJ is, among other things, to ensure fair and impartial administration of justice for all Americans. Today, we write to request information about our concerns regarding potential unequal justice administered in response to other recent instances of mass unrest, destruction, and loss of life throughout the United States.
During the spring and summer of 2020, individuals used peaceful protests across the country to engage in rioting and other crimes that resulted in loss of life, injuries to law enforcement officers, and significant property damage.[1] A federal court house in Portland, Oregon, has been effectively under siege for months.[2] Property destruction stemming from the 2020 social justice protests throughout the country will reportedly result in at least $1 billion to $2 billion in paid insurance claims.[3]
In June 2020, the DOJ reportedly compiled the following information regarding last year’s unrest:
- “One federal officer [was] killed, 147 federal officers [were] injured and 600 local officers [were] injured around the country during the protests, frequently from projectiles.”[4]
- According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), “since the start of the unrest there has been 81 Federal Firearms License burglaries of an estimated loss of 1,116 firearms; 876 reported arsons; 76 explosive incidents; and 46 ATF arrests[.]”[5]
Despite these numerous examples of violence occurring during these protests, it appears that individuals charged with committing crimes at these events may benefit from infrequent prosecutions and minimal, if any, penalties. According to a recent article, “prosecutors have approved deals in at least half a dozen federal felony cases arising from clashes between protesters and law enforcement in Oregon last summer. The arrangements — known as deferred resolution agreements — will leave the defendants with a clean criminal record if they stay out of trouble for a period of time and complete a modest amount of community service, according to defense attorneys and court records.”[6]
DOJ’s apparent unwillingness to punish these individuals who allegedly committed crimes during the spring and summer 2020 protests stands in stark contrast to the harsher treatment of the individuals charged in connection with the January 6, 2021 breach of the U.S. Capitol Building in Washington, D.C. To date, DOJ has charged 510 individuals stemming from Capitol breach.[7] DOJ maintains and updates a webpage that lists the defendants charged with crimes committed at the Capitol. This database includes information such as the defendant’s name, charge(s), case number, case documents, location of arrest, case status, and informs readers when the entry was last updated.[8] No such database exists for alleged perpetrators of crimes associated with the spring and summer 2020 protests. It is unclear whether any defendants charged with crimes in connection with the Capitol breach have received deferred resolution agreements.
Americans have the constitutional right to peaceably assemble and petition the government for a redress of grievances. This constitutional right should be cherished and protected. Violence, property damage, and vandalism of any kind should not be tolerated and individuals that break the law should be prosecuted. However, the potential unequal administration of justice with respect to certain protestors is particularly concerning. In order to assist Congress in conducting its oversight work, we respectfully request answers to the following questions by June 21, 2021:
Spring and Summer 2020 Unrest:
- Did federal law enforcement utilize geolocation data from defendants’ cell phones to track protestors associated with the unrest in the spring and summer of 2020? If so, how many times and for which locations/riots?
- How many individuals who may have committed crimes associated with protests in the spring and summer of 2020 were arrested by law enforcement using pre-dawn raids and SWAT teams?
- How many individuals were incarcerated for allegedly committing crimes associated with protests in the spring and summer of 2020?
- How many of these individuals are or were placed in solitary confinement? What was the average amount of consecutive days such individuals were in solitary confinement?
- How many of these individuals have been released on bail?
- How many of these individuals were released on their own recognizance or without being required to post bond?
- How many of these individuals were offered deferred resolution agreements?[9]
- How many DOJ prosecutors were assigned to work on cases involving defendants who allegedly committed crimes associated with protests in the spring and summer of 2020?
- How many FBI personnel were assigned to work on cases involving defendants who allegedly committed crimes associated with protests in the spring and summer of 2020?
January 6, 2021 U.S. Capitol Breach:
- Did federal law enforcement utilize geolocation data from defendants’ cell phones to track protestors associated with the January 6, 2021 protests and Capitol breach? If so, how many times and how many additional arrests resulted from law enforcement utilizing geolocation information?
- How many individuals who may have committed crimes associated with the Capitol breach were arrested by law enforcement using pre-dawn raids and SWAT teams?
- How many individuals are incarcerated for allegedly committing crimes associated with the Capitol breach?
- How many of these individuals are or were placed in solitary confinement? What was the average amount of consecutive days such individuals were in solitary confinement?
- How many of these individuals have been released on bail?
- How many of these individuals have been released on their own recognizance or without being required to post bond?
- How many of these individuals were offered deferred resolution agreements?
- How many DOJ prosecutors have been assigned to work on cases involving defendants who allegedly committed crimes associated with the Capitol breach?
- How many FBI personnel were assigned to work on cases involving defendants who allegedly committed crimes associated with the Capitol breach?
Sincerely,
Ron Johnson
United States Senator
Tommy Tuberville
United States Senator
Mike Lee
United States Senator
Rick Scott
United States Senator
Ted Cruz
United States Senator
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[1] Jennifer Kingson, Exclusive: $1 billion-plus riot damage is most expensive in insurance history, Axios, Sept. 16, 2020, https://www.axios.com/riots-cost-property-damage-276c9bcc-a455-4067-b06a-66f9db4cea9c.html.
[2] Conrad Wilson and Jonathan Levinson, Protesters, federal officers clash outside Portland’s courthouse Thursday, OPB, Mar. 12, 2021, https://www.opb.org/article/2021/03/12/protesters-vandalize-portlands-federal-courthouse-again/.
[3] Jennifer Kingson, Exclusive: $1 billion-plus riot damage is most expensive in insurance history, Axios, Sept. 16, 2020, https://www.axios.com/riots-cost-property-damage-276c9bcc-a455-4067-b06a-66f9db4cea9c.html.
[4] Published in the Intercept, Jul. 15, 2020, https://theintercept.com/document/2020/07/15/preventing-violence-and-criminal-activity-in-protection-of-lawful-protest/.
[5] Id.
[6] Josh Gerstein, Leniency for defendants in Portland clashes could affect Capitol riot cases, Politico, Apr. 14, 2021, https://www.politico.com/news/2021/04/14/portland-capitol-riot-cases-481346.
[7] Madison Hall et al., 493 people have been charged in the Capitol insurrection so far. This searchable table shows them all., Insider, accessed June 4, 2021, https://www.insider.com/all-the-us-capitol-pro-trump-riot-arrests-charges-names-2021-1.
[8] Capitol Breach Cases, U.S. Dep’t of Justice, accessed May 21, 2021, https://www.justice.gov/usao-dc/capitol-breach-cases?combine=&order=title&sort=asc.
[9] Josh Gerstein, Leniency for defendants in Portland clashes could affect Capitol riot cases, Politico, Apr. 14, 2021, https://www.politico.com/news/2021/04/14/portland-capitol-riot-cases-481346.
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I want to recommend to you a video on YOU TUBE that runs 28 minutes and 39 seconds by Francis Schaeffer entitled because it discusses the founding of our nation and what the FOUNDERS believed:
Thank you for your time, and again I want to thank you for your support of the unborn little babies!
Sincerely,
Everette Hatcher, 13900 Cottontail Lane, AR 72002, cell 501-920-5733, everettehatcher@gmail.com, http://www.thedailyhatch.org
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C. Everett Koop
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| 13th Surgeon General of the United States | |
| In office January 21, 1982 – October 1, 1989 |
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March 23, 2021
President Biden c/o The White House 1600 Pennsylvania Avenue NW Washington, DC 20500
Dear Mr. President,
I really do respect you for trying to get a pulse on what is going on out here. I know that you don’t agree with my pro-life views but I wanted to challenge you as a fellow Christian to re-examine your pro-choice view. Although we are both Christians and have the Bible as the basis for our moral views, I did want you to take a close look at the views of the pro-life atheist Nat Hentoff too. Hentoff became convinced of the pro-life view because of secular evidence that shows that the unborn child is human. I would ask you to consider his evidence and then of course reverse your views on abortion.
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The pro-life atheist Nat Hentoff wrote a fine article below I wanted to share with you.
Nat Hentoff is an atheist, but he became a pro-life activist because of the scientific evidence that shows that the unborn child is a distinct and separate human being and even has a separate DNA. His perspective is a very intriguing one that I thought you would be interested in. I have shared before many cases (Bernard Nathanson, Donald Trump, Paul Greenberg, Kathy Ireland) when other high profile pro-choice leaders have changed their views and this is just another case like those. I have contacted the White House over and over concerning this issue and have even received responses. I am hopeful that people will stop and look even in a secular way (if they are not believers) at this abortion debate and see that the unborn child is deserving of our protection.That is why the writings of Nat Hentoff of the Cato Institute are so crucial.
In the film series “WHATEVER HAPPENED TO THE HUMAN RACE?” the arguments are presented against abortion (Episode 1), infanticide (Episode 2), euthanasia (Episode 3), and then there is a discussion of the Christian versus Humanist worldview concerning the issue of “the basis for human dignity” in Episode 4 and then in the last episode a close look at the truth claims of the Bible.
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I truly believe that many of the problems we have today in the USA are due to the advancement of humanism in the last few decades in our society. Ronald Reagan appointed the evangelical Dr. C. Everett Koop to the position of Surgeon General in his administration. He partnered with Dr. Francis Schaeffer in making the video below. It is very valuable information for Christians to have. Actually I have included a video below that includes comments from him on this subject.
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Jewish World Review June 12, 2006/ 16 Sivan, 5766
Insisting on life
http://www.NewsandOpinion.com | A longtime friend of mine is married to a doctor who also performs abortions. At the dinner table one recent evening, their 9-year-old son — having heard a word whose meaning he didn’t know — asked, “What is an abortion?” His mother, choosing her words carefully, described the procedure in simple terms.
“But,” said her son, “that means killing the baby.” The mother then explained that there are certain months during which an abortion cannot be performed, with very few exceptions. The 9-year-old shook his head. “But,” he said, “it doesn’t matter what month. It still means killing the babies.”
Hearing the story, I wished it could be repeated to the justices of the Supreme Court, in the hope that at least five of them might act on this 9-year-old’s clarity of thought and vision.
The boy’s spontaneous insistence on the primacy of life also reminded me of a powerful pro-life speaker and writer who, many years ago, helped me become a pro-lifer. He was a preacher, a black preacher. He said: “There are those who argue that the right to privacy is of a higher order than the right to life.
“That,” he continued, “was the premise of slavery. You could not protest the existence or treatment of slaves on the plantation because that was private and therefore out of your right to be concerned.”
This passionate reverend used to warn: “Don’t let the pro-choicers convince you that a fetus isn’t a human being. That’s how the whites dehumanized us … The first step was to distort the image of us as human beings in order to justify what they wanted to do — and not even feel they’d done anything wrong.”
That preacher was Jesse Jackson. Later, he decided to run for the presidency — and it was a credible campaign that many found inspiring in its focus on what still had to be done on civil rights. But Jackson had by now become “pro-choice” — much to the appreciation of most of those in the liberal base.
The last time I saw Jackson was years later, on a train from Washington to New York. I told him of a man nominated, but not yet confirmed, to a seat on a federal circuit court of appeals. This candidate was a strong supporter of capital punishment — which both the Rev. Jackson and I oppose, since it involves the irreversible taking of a human life by the state.
I asked Jackson if he would hold a press conference in Washington, criticizing the nomination, and he said he would. The reverend was true to his word; the press conference took place; but that nominee was confirmed to the federal circuit court. However, I appreciated Jackson’s effort.
On that train, I also told Jackson that I’d been quoting — in articles, and in talks with various groups — from his compelling pro-life statements. I asked him if he’d had any second thoughts on his reversal of those views.
Usually quick to respond to any challenge that he is not consistent in his positions, Jackson paused, and seemed somewhat disquieted at my question. Then he said to me, “I’ll get back to you on that.” I still patiently await what he has to say.
As time goes on, my deepening concern with the consequences of abortion is that its validation by the Supreme Court, as a constitutional practice, helps support the convictions of those who, in other controversies — euthanasia, assisted suicide and the “futility doctrine” by certain hospital ethics committees — believe that there are lives not worth continuing.
Around the time of my conversation with Jackson on the train, I attended a conference on euthanasia at Clark College in Worcester, Mass. There, I met Derek Humphry, the founder of the Hemlock Society, and already known internationally as a key proponent of the “death with dignity” movement.
He told me that for some years in this country, he had considerable difficulty getting his views about assisted suicide and, as he sees it, compassionate euthanasia into the American press.
“But then,” Humphry told me, “a wonderful thing happened. It opened all the doors for me.”
“What was that wonderful thing?” I asked.
“Roe v. Wade,” he answered.
The devaluing of human life — as the 9-year-old at the dinner table put it more vividly — did not end with making abortion legal, and therefore, to some people, moral. The word “baby” does not appear in Roe v. Wade — let alone the word “killing.”
And so, the termination of “lives not worth living” goes on. 
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Thank you so much for your time. I know how valuable it is. I also appreciate the fine family that you have and your commitment as a father and a husband. Now after presenting the secular approach of Nat Hentoff I wanted to make some comments concerning our shared Christian faith. I respect you for putting your faith in Christ for your eternal life. I am pleading to you on the basis of the Bible to please review your religious views concerning abortion. It was the Bible that caused the abolition movement of the 1800’s and it also was the basis for Martin Luther King’s movement for civil rights and it also is the basis for recognizing the unborn children.
Sincerely,
Everette Hatcher III, 13900 Cottontail Lane, Alexander, AR 72002, ph 501-920-5733,
Related posts:
Al Mohler on Kermit Gosnell’s abortion practice
Francis Schaeffer: “Whatever Happened to the Human Race” (Episode 1) ABORTION OF THE HUMAN RACE Published on Oct 6, 2012 by AdamMetropolis ________________ Picture of Francis Schaeffer and his wife Edith from the 1930′s above. I was sad to read about Edith passing away on Easter weekend in 2013. I wanted to pass along this fine […]
Taking on Ark Times Bloggers on various issues Part U “Do men have a say in the abortion debate?” (includes the film SLAUGHTER OF THE INNOCENTS and editorial cartoon)
I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]
Taking on Ark Times Bloggers on various issues Part T “Abortion is a dirty business” (includes video “Truth and History” and editorial cartoon)
I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]
“Sanctity of Life Saturday” Abortion supporters lying in order to further their clause? Window to the Womb (includes video ABORTION OF THE HUMAN RACE)
It is truly sad to me that liberals will lie in order to attack good Christian people like state senator Jason Rapert of Conway, Arkansas because he headed a group of pro-life senators that got a pro-life bill through the Arkansas State Senate the last week of January in 2013. I have gone back and […]
Taking on Ark Times Bloggers on various issues Part D “If you can’t afford a child can you abort?”Francis Schaeffer Quotes part 4 includes the film ABORTION OF THE HUMAN RACE) (editorial cartoon)
I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]
Taking on Ark Times Bloggers on various issues Part C “Abortion” (Francis Schaeffer Quotes part 3 includes the film SLAUGHTER OF THE INNOCENTS) (editorial cartoon)
I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]
Taking on Ark Times Bloggers on various issues Part B “Gendercide” (Francis Schaeffer Quotes Part 2 includes the film ABORTION OF THE HUMAN RACE) (editorial cartoon)
I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]
SANCTITY OF LIFE SATURDAY “AngryOldWoman” blogger argues that she has no regrets about past abortion
Sometimes you can see evidences in someone’s life of how content they really are. I saw something like that on 2-8-13 when I confronted a blogger that goes by the name “AngryOldWoman” on the Arkansas Times Blog. See below. Leadership Crisis in America Published on Jul 11, 2012 Picture of Adrian Rogers above from 1970′s […]
“Sanctity of Life Saturday” The Church Awakens: Whatever Happened to the Human Race? (includes the video ABORTION OF THE HUMAN RACE)
In the film series “WHATEVER HAPPENED TO THE HUMAN RACE?” the arguments are presented against abortion (Episode 1), infanticide (Episode 2), euthenasia (Episode 3), and then there is a discussion of the Christian versus Humanist worldview concerning the issue of “the basis for human dignity” in Episode 4 and then in the last episode a close […]
Taking on Ark Times Bloggers on various issues Part H “Are humans special?” includes film ABORTION OF THE HUMAN RACE) Reagan: ” To diminish the value of one category of human life is to diminish us all”
I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]
Taking on Ark Times Bloggers on various issues Part G “How do moral nonabsolutists come up with what is right?” includes the film “ABORTION OF THE HUMAN RACE”)
I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]
Taking on Ark Times Bloggers on various issues Part E “Moral absolutes and abortion” Francis Schaeffer Quotes part 5(includes the film SLAUGHTER OF THE INNOCENTS) (editorial cartoon)
I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 10 “Final Choices” (Schaeffer Sundays)
E P I S O D E 1 0 Dr. Francis Schaeffer – Episode X – Final Choices 27 min FINAL CHOICES I. Authoritarianism the Only Humanistic Social Option One man or an elite giving authoritative arbitrary absolutes. A. Society is sole absolute in absence of other absolutes. B. But society has to be […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 9 “The Age of Personal Peace and Affluence” (Schaeffer Sundays)
E P I S O D E 9 Dr. Francis Schaeffer – Episode IX – The Age of Personal Peace and Affluence 27 min T h e Age of Personal Peace and Afflunce I. By the Early 1960s People Were Bombarded From Every Side by Modern Man’s Humanistic Thought II. Modern Form of Humanistic Thought Leads […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 8 “The Age of Fragmentation” (Schaeffer Sundays)
E P I S O D E 8 Dr. Francis Schaeffer – Episode VIII – The Age of Fragmentation 27 min I saw this film series in 1979 and it had a major impact on me. T h e Age of FRAGMENTATION I. Art As a Vehicle Of Modern Thought A. Impressionism (Monet, Renoir, Pissarro, Sisley, […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 7 “The Age of Non-Reason” (Schaeffer Sundays)
E P I S O D E 7 Dr. Francis Schaeffer – Episode VII – The Age of Non Reason I am thrilled to get this film series with you. I saw it first in 1979 and it had such a big impact on me. Today’s episode is where we see modern humanist man act […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 6 “The Scientific Age” (Schaeffer Sundays)
E P I S O D E 6 How Should We Then Live 6#1 Uploaded by NoMirrorHDDHrorriMoN on Oct 3, 2011 How Should We Then Live? Episode 6 of 12 ________ I am sharing with you a film series that I saw in 1979. In this film Francis Schaeffer asserted that was a shift in […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 5 “The Revolutionary Age” (Schaeffer Sundays)
E P I S O D E 5 How Should We Then Live? Episode 5: The Revolutionary Age I was impacted by this film series by Francis Schaeffer back in the 1970′s and I wanted to share it with you. Francis Schaeffer noted, “Reformation Did Not Bring Perfection. But gradually on basis of biblical teaching there […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 4 “The Reformation” (Schaeffer Sundays)
Dr. Francis Schaeffer – Episode IV – The Reformation 27 min I was impacted by this film series by Francis Schaeffer back in the 1970′s and I wanted to share it with you. Schaeffer makes three key points concerning the Reformation: “1. Erasmian Christian humanism rejected by Farel. 2. Bible gives needed answers not only as to […]
“Schaeffer Sundays” Francis Schaeffer’s “How should we then live?” Video and outline of episode 3 “The Renaissance”
Francis Schaeffer’s “How should we then live?” Video and outline of episode 3 “The Renaissance” Francis Schaeffer: “How Should We Then Live?” (Episode 3) THE RENAISSANCE I was impacted by this film series by Francis Schaeffer back in the 1970′s and I wanted to share it with you. Schaeffer really shows why we have so […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 2 “The Middle Ages” (Schaeffer Sundays)
Francis Schaeffer: “How Should We Then Live?” (Episode 2) THE MIDDLE AGES I was impacted by this film series by Francis Schaeffer back in the 1970′s and I wanted to share it with you. Schaeffer points out that during this time period unfortunately we have the “Church’s deviation from early church’s teaching in regard […]
Francis Schaeffer’s “How should we then live?” Video and outline of episode 1 “The Roman Age” (Schaeffer Sundays)
Francis Schaeffer: “How Should We Then Live?” (Episode 1) THE ROMAN AGE Today I am starting a series that really had a big impact on my life back in the 1970′s when I first saw it. There are ten parts and today is the first. Francis Schaeffer takes a look at Rome and why […]
By Everette Hatcher III | Posted in Francis Schaeffer | Edit | Comments (0)
