One key to James’ meritorious defense is that three (3) of Trump’s own Cabinet have gotten mortgages based on faulty documents (and Ken Paxton got 3 loans) similar to James, AND the press fails to report that James specifically let the bank know in writing more than once that the property was not intended to be her personal home! That evidence clearly removes any presumption of mortgage fraud! In addition, the press doesn’t report who filled out the original loan documents which had the mistake? Anybody who ever bought a home knows that most often the mortgage broker fills in the complicated paperwork so it’s not even clear that it was her who stated originally that it was a rental transaction? No wonder those experienced federal attorneys said this wasn’t a criminal transaction and refused Trump’s and Bondi’s intent to criminally charge New York AG James.
While it may be true that: "Every actor in the system—from defense attorneys to Justices on the Supreme Court—recognizes what is happening. The only question is how the criminal justice system should respond." It is even odds whether the Roberts Court will stray from the hard right highly partisan MAGA line that has been their default mode for the last 5-6 years, but especially since the dawning of the age of Trump 2.0. Counting on decency or precedent to guide their decision making is, it appears, a thing of the past. I'd love them to prove me wrong.
Crucial to the RE-formation of our Democratic Republic, our 21st Century American "Democratic Constitutional Constituency" needs to ensure that LAWS are enacted that establish much stronger 'checks and balances' on all three Branches.
Among those LAWS, we need to:
Eliminate Presidential Pardons for anything other than proven false convictions.
Extract the DOJ and FBI from the Executive Branch. It must operate as a Fourth Branch of Government. The AG & FBI Director and their Senior Reports should each have to be approved by a 2/3rds vote of both the House & the Senate. The Supreme Court, not the President, should nominate individuals for those positions.
Supreme Court Justices should be term-limited to 12 years.
Annual Medical Examinations of both the President and Vice President need to be conducted by an Independent Medical Group and ALL Examination and Test Results released publicly.
Tabulation of Votes in all Federal Elections need to be certified by a non-profit, non-partisan group of computational systems security experts. Both Senate and House Oversight of those experts would be required for the development of the budget and approval of funding for that group.
Almost forgot: the Senate needs to go back to 2/3 minimum votes to confirm all federal justices. This is what had insured honest, respectable, unbiased justices in the past.
(Probably a good idea for confirming cabinet members also.)
Impeachment is one consequence. Plus you cannot be an Officer in the United States. But that 2/3 majority becomes difficult with the current Senate.
"Bondi and Halligan, though, may not skate so easily. They hold law licenses that obligate them to uphold ethical rules they’ve shredded beyond recognition."
The Florida Bar excuse that they hold a federal office is a thin one. It should be the other way around. Lawyers in public service should be held to the highest standards of ethics.
And impeachment for at least five Supreme Court Justices.
i so appreciate Harry Litman's clear, accurate knowledge. The unchecked ongoing harm however is mind blowing & frightening in a civil democratic nation.
Trump 1.0 attempted such weaponization of the DOJ but only got so far. The damage to the rep of the DOJ was accomplished, however, which is at least partly why Garland was so nonaggressive at the DOJ and seemingly more concerned about disallowing any appearance of political motivation.
Destroying the credibility of DOJ prosecutions will make it a lot easier for these arsonists to cry “foul” when THEY are finally called to face justice. And the gullible (and cynical) public will believe them. No one can accuse DJT and his minions of not understanding the power of lawfare.
I heard recently that members of Trump's Cabinet also have the same mortgage 'problem' - which would certainly meet the similarly situated prong. Might be interesting discovery and testimony. Thanks for the analysis.
"Bill Pulte is currently the Director of the Federal Housing Finance Agency (FHFA), where he has prominently accused several political opponents of President Trump of mortgage fraud. He is not personally accused of mortgage fraud himself, although some news reports have noted his own family members have faced similar allegations."
Harry: Great posts. Great job. My question - and I've posed it before to you - is what legal sanctions can be imposed on Bondi, Halligan, Patel and others for participating in Trump's illegal scheme of selective and vindictive prosecution, AND whether these people would themselves be liable to criminal prosecution, as you say, "when thew dust settles?"
What are the remedies for selective prosecution by rogue institutions? How are Comey and James made whole? Are there any laws covering this? Any grounds for a suit?
Sometimes I wonder whether Roberts is trying a gambit to rebalance power between the executive and legislative branches, not quite realizing that he’s putting the judiciary as well as the whole enchilada of democracy at extreme risk, by handing evermore unchecked power to the executive branch. His votes always seem to increase executive branch authority (or limit the power of the judiciary to check executive authority). Perhaps he’s hoping that ultimately, when the abuse becomes so flagrant and undeniable, Congress will finally be forced by the public to step up and exercise its power of impeachment. Perhaps he’s pushing for a stress test of our Constitutional structure. Congressional power has been ebbing away to the executive branch for decades. Roberts also seems intent on reducing the court’s engagement on hot button issues he believes Congress should deal with via legislation. Not sure whether he believes the weakness of Congress has also put the court too much in the hot seat in an increasingly polarized society with ever deeper animosity (hatred) between political parties. If Roberts is trying to orchestrate a retreat from the hot seat for the court, he must realize he’s unleashing, nay facilitating, corruption within the executive branch, and expediting the diminution of the legislative branch into a club of sycophants, in it only for personal gain.
Interesting theory, however, I think Roberts overplayed his hand. He was interested in
taking power away from the legislative branch and and investing it in SCOTUS and playing the power broker with the executive branch while always keeping his eye on dismantling voting rights protection, a hobby horse since the Reagan Administration. Trump’s pathology has made that very difficult, given that Trump may challenge SCOTUS and do as he pleases on any policy issue, and the winner is….
Convicted felon many times over, acuses gov't employees of doing things he's been found guilty of.
One key to James’ meritorious defense is that three (3) of Trump’s own Cabinet have gotten mortgages based on faulty documents (and Ken Paxton got 3 loans) similar to James, AND the press fails to report that James specifically let the bank know in writing more than once that the property was not intended to be her personal home! That evidence clearly removes any presumption of mortgage fraud! In addition, the press doesn’t report who filled out the original loan documents which had the mistake? Anybody who ever bought a home knows that most often the mortgage broker fills in the complicated paperwork so it’s not even clear that it was her who stated originally that it was a rental transaction? No wonder those experienced federal attorneys said this wasn’t a criminal transaction and refused Trump’s and Bondi’s intent to criminally charge New York AG James.
A clear-cut case of the "Pot" (belly'd Prez) calling the "Kettle" (black A.G.) Disgusting!
While it may be true that: "Every actor in the system—from defense attorneys to Justices on the Supreme Court—recognizes what is happening. The only question is how the criminal justice system should respond." It is even odds whether the Roberts Court will stray from the hard right highly partisan MAGA line that has been their default mode for the last 5-6 years, but especially since the dawning of the age of Trump 2.0. Counting on decency or precedent to guide their decision making is, it appears, a thing of the past. I'd love them to prove me wrong.
Crucial to the RE-formation of our Democratic Republic, our 21st Century American "Democratic Constitutional Constituency" needs to ensure that LAWS are enacted that establish much stronger 'checks and balances' on all three Branches.
Among those LAWS, we need to:
Eliminate Presidential Pardons for anything other than proven false convictions.
Extract the DOJ and FBI from the Executive Branch. It must operate as a Fourth Branch of Government. The AG & FBI Director and their Senior Reports should each have to be approved by a 2/3rds vote of both the House & the Senate. The Supreme Court, not the President, should nominate individuals for those positions.
Supreme Court Justices should be term-limited to 12 years.
Annual Medical Examinations of both the President and Vice President need to be conducted by an Independent Medical Group and ALL Examination and Test Results released publicly.
Tabulation of Votes in all Federal Elections need to be certified by a non-profit, non-partisan group of computational systems security experts. Both Senate and House Oversight of those experts would be required for the development of the budget and approval of funding for that group.
While we're at it, how about raising the bar for presidential candidates – e.g., maybe they should have to pass a high schools civic exam?
Also, there need to be consequences for those elected officials who break their oath of office.
And the SC needs to add 4 more seats!
Almost forgot: the Senate needs to go back to 2/3 minimum votes to confirm all federal justices. This is what had insured honest, respectable, unbiased justices in the past.
(Probably a good idea for confirming cabinet members also.)
Or the citizenship exam from US Citizenship and Immigration Service.
https://www.uscis.gov/sites/default/files/document/questions-and-answers/100q.pdf
Impeachment is one consequence. Plus you cannot be an Officer in the United States. But that 2/3 majority becomes difficult with the current Senate.
"Bondi and Halligan, though, may not skate so easily. They hold law licenses that obligate them to uphold ethical rules they’ve shredded beyond recognition."
The Florida Bar excuse that they hold a federal office is a thin one. It should be the other way around. Lawyers in public service should be held to the highest standards of ethics.
And impeachment for at least five Supreme Court Justices.
Good suggestions for accountability we-the-people need in a functioning democracy
Thank you, elle
I think it important to remember that during Trump 1.0, Bill Barr's AG tenure was BETWEEN 2019-2020.
Never forget -
Donald Barr published a science fiction novel in 1973 titled 'Space Relations,' which contains themes of child sexual slavery.
Donald Barr was the headmaster of the elite Manhattan Dalton private school from 1964 to 1974.
Dalton was an ALL girls school until 1966.
Donald Barr hired Epstein to teach math and science - Epstein didn’t have a degree in anything.
Donald Barr is AG Barr’s father.
AG Barr was AG when Epstein was snuffed and no fingerprints and other fundamental forensics were conducted by AG Barr’s FBI.
Bear, Stearns CEO Ace Greenberg hired Epstein after he was fired from the Dalton School - and lots of money flowed to Jeff, thereafter.
Appreciate the accurate statement, not the harmful machinations... Will the truth ever be made public?
Only if 'we' make it happen.
Mr Litman, your conclusion, wrapping up with excerpts from The Federalist Papers, blew my mind. Timely, smart, & perfection. Thank you.
i so appreciate Harry Litman's clear, accurate knowledge. The unchecked ongoing harm however is mind blowing & frightening in a civil democratic nation.
We are in there with you, Harry. Keep us informed, and we will spread the news.
Trump 1.0 attempted such weaponization of the DOJ but only got so far. The damage to the rep of the DOJ was accomplished, however, which is at least partly why Garland was so nonaggressive at the DOJ and seemingly more concerned about disallowing any appearance of political motivation.
Destroying the credibility of DOJ prosecutions will make it a lot easier for these arsonists to cry “foul” when THEY are finally called to face justice. And the gullible (and cynical) public will believe them. No one can accuse DJT and his minions of not understanding the power of lawfare.
I heard recently that members of Trump's Cabinet also have the same mortgage 'problem' - which would certainly meet the similarly situated prong. Might be interesting discovery and testimony. Thanks for the analysis.
"Bill Pulte is currently the Director of the Federal Housing Finance Agency (FHFA), where he has prominently accused several political opponents of President Trump of mortgage fraud. He is not personally accused of mortgage fraud himself, although some news reports have noted his own family members have faced similar allegations."
https://www.msnbc.com/top-stories/latest/trump-lisa-cook-mortgage-fraud-bill-pulte-rcna232499
https://www.propublica.org/article/trump-cabinet-mortgage-fraud
DOJ and SCOTUS are mere eyerolls now.
Harry: Great posts. Great job. My question - and I've posed it before to you - is what legal sanctions can be imposed on Bondi, Halligan, Patel and others for participating in Trump's illegal scheme of selective and vindictive prosecution, AND whether these people would themselves be liable to criminal prosecution, as you say, "when thew dust settles?"
Jon's (illigitimate) court anointed fuhrer, fuhrer. why haven't pam and lindsay been DISBARRED?
Didn't his lawyers lose his case?
What are the remedies for selective prosecution by rogue institutions? How are Comey and James made whole? Are there any laws covering this? Any grounds for a suit?
What say you now, John, your monster is about to devour you.
Sometimes I wonder whether Roberts is trying a gambit to rebalance power between the executive and legislative branches, not quite realizing that he’s putting the judiciary as well as the whole enchilada of democracy at extreme risk, by handing evermore unchecked power to the executive branch. His votes always seem to increase executive branch authority (or limit the power of the judiciary to check executive authority). Perhaps he’s hoping that ultimately, when the abuse becomes so flagrant and undeniable, Congress will finally be forced by the public to step up and exercise its power of impeachment. Perhaps he’s pushing for a stress test of our Constitutional structure. Congressional power has been ebbing away to the executive branch for decades. Roberts also seems intent on reducing the court’s engagement on hot button issues he believes Congress should deal with via legislation. Not sure whether he believes the weakness of Congress has also put the court too much in the hot seat in an increasingly polarized society with ever deeper animosity (hatred) between political parties. If Roberts is trying to orchestrate a retreat from the hot seat for the court, he must realize he’s unleashing, nay facilitating, corruption within the executive branch, and expediting the diminution of the legislative branch into a club of sycophants, in it only for personal gain.
Interesting theory, however, I think Roberts overplayed his hand. He was interested in
taking power away from the legislative branch and and investing it in SCOTUS and playing the power broker with the executive branch while always keeping his eye on dismantling voting rights protection, a hobby horse since the Reagan Administration. Trump’s pathology has made that very difficult, given that Trump may challenge SCOTUS and do as he pleases on any policy issue, and the winner is….