Podcast Summary
Understanding the complexities of power and accountability: Former presidents should undergo better vetting processes for associations with individuals with criminal backgrounds to maintain accountability and uphold public trust.
Learning from this podcast episode is that Ellie Honig, a renowned lawyer with a background from Harvard Law and experience as a former assistant United States attorney, shares insights on current investigations and cases involving powerful individuals. During the conversation, Ellie expressed her opinion on the former president's association with individuals who have criminal backgrounds, such as the Philadelphia mob boss, Joey Merlino. She emphasized the importance of better vetting processes for such associations, especially for high-profile individuals like former presidents. Additionally, Ellie mentioned her book "Untouchable: How Powerful People Get Away With It," which is a must-read for understanding the dynamics of power and accountability.
Trump's Controversial Relationships and Potential Corruption: Despite investigations, Trump's ties to controversial figures and his attacks on law enforcement have raised concerns about potential corruption and politicization.
Former President Donald Trump's relationship with controversial figures, including those in the mafia, has been a subject of controversy. Trump's public support of these individuals, as well as his attacks on law enforcement institutions like the Department of Justice, have raised questions about potential corruption and the politicization of investigations. For instance, the Durham investigation, which was initiated to investigate the investigators, has been criticized for its failure to produce substantial results and its apparent use as a tool to fuel conspiracy theories. Furthermore, the Department of Justice under Merrick Garland decided against prosecuting Trump in connection with tax-related crimes related to hush money payments, despite having the case from Robert Mueller's investigation. These events highlight the complexities and controversies surrounding Trump's tenure and the ongoing debates about accountability and the role of law enforcement in American politics.
SDNY's Decision to Indict Trump for Hush Money Case: SDNY considered indicting Trump for hush money scheme but ultimately decided against it due to political and practical reasons while Trump was in office. The decision was not reversed by the new administration.
The Southern District of New York (SDNY) prepared an indictment against Michael Cohen in 2018, implicating Donald Trump in a hush money scheme, but higher authorities intervened and prevented any mention of Trump in the indictment. Later, when Trump was no longer in office, the SDNY considered indicting him for the same case but ultimately decided against it for various reasons. Now, under the new DA Alvin Bragg, the case is being revived and presented to the grand jury. Despite speculation, the decision to prosecute or not was an SDNY call, not a Merrick Garland or Trump DOJ one. The SDNY made the initial decision not to charge Trump when he was still in office, and this decision was not reversed by the new administration. The SDNY felt their evidence was chargeable but decided against it for political and practical reasons.
Understanding the Grand Jury Process: The grand jury process is a one-sided proceeding where only prosecutors, witnesses, grand jurors, and court reporters are present, and the standard of proof is lower than in a trial, giving prosecutors significant power to influence the outcome.
The grand jury process, which is currently being used in Manhattan to consider potential charges against former President Trump, is a one-sided proceeding where only prosecutors, witnesses, grand jurors, and court reporters are present. There is no judge, no defense presence, no cross examination, and no defense evidence. The standard of proof is lower than in a trial, requiring only probable cause instead of beyond a reasonable doubt. This means that prosecutors have significant power to influence the outcome of a grand jury proceeding. The decision to indict is not made by the grand jury independently, but rather reflects the prosecutor's assessment of the evidence. The recent developments regarding the investigation into Trump's business dealings underscore the importance of understanding this process and the potential consequences of a grand jury indictment.
Attorney General Garland's Role in Deciding Criminal Charges against Former Presidents: Garland's decision on potential charges against Trump and Biden restores DOJ integrity, but criticisms persist over pace and focus of investigations, particularly on January 6th Capitol attack
While Special Counsel Jack Smith makes the initial recommendation on potential criminal charges against former presidents Trump and Biden, ultimate decision-making power lies with Attorney General Merrick Garland. The discussion highlights Garland's admirable efforts to restore the integrity of the Department of Justice and protect its institutional interests, but also acknowledges criticisms of his approach to investigations, particularly regarding the January 6th Capitol attack. Some argue that he has been too slow and too focused on lower-level players, but others point out the immense resources required for such complex investigations. Ultimately, patience is urged as the investigations continue, and the potential outcomes remain uncertain.
The Legal Battle Over Trump's Role in January 6th Election Coup Attempt is Far From Over: Despite no charges against those involved, an indictment could take over a year to turn into a conviction, and even then, a mistrial is possible. County-level prosecutors may indict Trump, but legality is complex.
While there have been no charges against those involved in the January 6th election coup attempt, an indictment, if it comes, would not mark the end of the legal battle. It could take over a year to turn an indictment into a conviction, and even then, a mistrial could occur if one juror holds out. Merrick Garland's handling of the investigation has been criticized for moving too slowly, especially given the alleged threat to democracy. However, county-level prosecutors like Fani Willis in Fulton County may indict Trump, which could serve as a pressure release for frustrated individuals. But, the legality of county prosecutors indicting a former president is a complex issue. The book "Untouchable" by Eli Hanig delves deeper into the topic of how powerful people get away with wrongdoing.
Legal Challenge Likely for Trump Indictment in Georgia: Trump's team will argue against local prosecutors' power to indict a former president for federal actions, potentially leading to a lengthy legal process and precedent-setting outcome.
If former President Donald Trump is indicted in Fulton County, Georgia, for actions related to his official duties during his presidency, he is likely to challenge the case in federal court. Trump's team will argue that local elected prosecutors should not have the power to indict a former president for actions related to their federal office. The case could go to the 11th Circuit Court of Appeals, which has previously ruled against Trump but in a different context. The outcome of such a trial would be uncertain, especially given that 26% of Fulton County voters supported Trump in the 2020 election. The potential presence of Trump jurors could make it difficult to secure a conviction, especially during the spring of 2024 when Trump may be a front-runner for the Republican nomination. The lengthy legal process could also be a significant challenge for Fani Willis, the Fulton County District Attorney, who has been pursuing the case for over two years. The potential federal court intervention could also set a precedent for future indictments of federal officials.
Former President Trump's attacks on law enforcement officials: Trump's attacks on law enforcement officials, including McCabe and Smith, could potentially be used as evidence against him, setting a dangerous precedent.
Former President Trump's behavior towards law enforcement officials, including direct attacks and threats, is not only damaging to him but also sets a dangerous precedent. His self-defeating actions, such as making admissible admissions through documents and public statements, have backfired repeatedly. The line between protected free speech and potential obstruction or threats is a fine one, and his attacks on individuals like Jack Smith and Andrew McCabe could potentially be used as evidence against him. The fact that such behavior comes from a former President of the United States is alarming and unacceptable. Trump's attacks on McCabe, labeling him a "misfit" and implying a preference for Putin over American intelligence officials, is a concerning example of this pattern. This conversation highlights the importance of understanding the legal implications of public statements and the potential consequences of crossing the line between criticism and threats.
New York City indictment against Trump: A significant moment: Despite public desensitization, Trump's potential indictment in New York City marks a new development in his ongoing legal issues, possibly due to a change in trust towards Michael Cohen as a cooperating witness.
The legal proceedings against Donald Trump, specifically the potential indictment in New York City, are a significant moment despite the public's growing desensitization to his controversial statements. The reasons for the indictment now, six years after the alleged conduct, could be due to a change in trust towards Michael Cohen as a cooperating witness, despite his past convictions and biases against Trump. The outcome of the trial against the Trump Organization was not a victory for the prosecution, but rather a disappointing result for them. Regardless of the motivations behind the indictment, it marks a new development in the ongoing saga of Trump's legal issues.
Will those responsible for Trump's wrongdoing face significant consequences?: Despite ongoing investigations, it's uncertain if those responsible for Trump's wrongdoing will face significant consequences, as fines against the Trump Organization are seen as insignificant.
The recent conviction of the Trump Organization for tax fraud and the ongoing investigations into Donald Trump's actions related to January 6 and Mar-a-Lago do not guarantee that those responsible will face significant consequences. The fines levied against the Trump Organization are seen as insignificant to the organization. While some believe that Manhattan District Attorney Alvin Bragg will indict Trump, others are less certain. The ultimate decision lies with Attorney General Merrick Garland, who must weigh the recommendations of the independent counsel and his own political considerations. The ongoing investigations serve as a reminder that the wheels of justice may be turning, but whether those responsible for wrongdoing will ultimately be held accountable remains to be seen. The author of the book "Untouchable," Eli Honig, explores numerous examples of powerful individuals who have evaded justice in the past.
Possible Indictment of Donald Trump and Legal Battles Ahead: Former President Trump may face indictment, leading to unprecedented legal battles due to his candidacy. While it's likely, convicting him is less certain.
Former President Donald Trump is likely to face indictment in ongoing investigations, which could lead to unprecedented legal battles given his candidacy for the presidency once again. Eli Honig, a legal analyst and author, believes it's quite likely that Trump will be indicted but convicting him is a less certain outcome. Honig's book, "Untouchable," will help understand the legal battles that may unfold in the coming months. The possibility of Trump being indicted multiple times within a short period is not entirely out of the question. This conversation, unlike typical talking heads, provided a more in-depth and engaging discussion. It's essential to note that this media company, Midas Touch, is 100% independent and relies on support from its audience. To stay updated, subscribe to the podcast and consider becoming a patron.
