28 Comments

It is sickening & infuriating, all of it. Trump belongs in prison, for life; so do many others. The COVID dead, alone, justify this; but we must put visceral emotions aside, set realistic goals, & work smart. Our gravest concern now is protecting against this blatant push into fascism. This means being involved, & involving others, on an unprecedented scale. I’m looking @ Georgia, & Stacey Abrams, as model & inspiration. We can & must replicate this level of commitment & work, across the country. Giving up is not an option.

Expand full comment

I wish you were not right, BUT having followed you for over a year now and your logic and reasoning have been right about everything, I know that in this case also, your conclusions are correct (however much I wish they were not). It makes the 14th Amendment option even more important.

Expand full comment

I can’t even put into words to express how pissed, frustrated, sick and tired and angry over the “games” that are played with our lives. Mentally, physically, emotionally, financially, spiritually, racially! Nothing that I say and do will ever, never matter, which means I do not matter! I live in, what was, the greatest nation in the world. I am so disheartened, disappointed, dismayed and so completely and utterly disgusted that I can honestly say for the first time in my life, I feel truly ashamed to call myself an American!

Expand full comment

So, should we write to our senators & push them for censure? I wrote to Collins & shamed her for thinking that DJT had “learned his lesson”. I also told her it would be a travesty for her to NOT vote for conviction. Thankfully, she did. Yes, the shuttling of this indictment to the judicial system seems logical, but your input makes me see how it will be diluted & it will disintegrate before any justice is rendered.

Expand full comment

Unfortunately I believe you are so right. Justice and politics should never be mixed in my opinion. I still find it extraordinary that judicial appointments seem to be mostly based on political opinions, of either party. There is a saying here in UK that what happens in USA soon happens in UK and (albeit a different form of government to yours) I see certain members of our government acting like the elite members of society in USA. If democracy dies, as we know it, in USA, I believe it wouldn’t be too long before it dies here too. It alarms me no end. I have been shocked with how Trump has been allowed to attain the power and influence he has and that nobody has the courage to try to stand together to say enough is enough. Sending best wishes from Wales in UK

Expand full comment

This is why you get flak from all sides, you present inconvenient truths in compelling ways that are difficult to ignore. The last two demagogues to get close to the White House, Huey Long and George Wallace, were shot. Trump has never been punched in the nose. This too is a cultural norm . . . the incredible volume of violence we produce is almost always directed down or against innocents, almost never up. While I'm against duels, the purpose it served, a modest check on behavior of the truly powerful between the truly powerful, was not replaced. It's a void.

Expand full comment

Hi Seth and my fellow readers,

Even though it was depressing to read this piece, it rang true to me (a non-lawyer).

So, if we can't depend on Congressional "checks and balances" and we can't rely on our judicial system, what is left besides going to live on a desert island - which is certainly tempting at this point in our country's history.

I think that part of the answer is that having a robust cadre of independent journalists who continue to pursue the detail of what happened. I look at what you and Judd Legum have accomplished, and even at times, Scott Stedman. Substack has provided a way for you to be funded to continue your work. If you and others keep on digging, exposing, and exhorting perhaps we will get somewhere.

I take heart from the work of John Scott-Railton and others pouring over the videos rescued from Parler by Donk Enby and other hacktivists. We will know who was there - illegally inside of the Capitol building - and they will most likely be charged since they are not rich and famous. Many will blab in order to reduce or avoid prison time.

My hope is the truth will become so universally and persuasively known that even hard-core Maga people abandon their dear leader. We will hold accountable companies that fund anti-democratic politicians and activities like they are trying to do with Publix in Florida.

It won't be as satisfying as if we had a more traditional Congressional or Judicial remedy, but it will be a form of accountability that we all have some control over. Keep up the good work.

Expand full comment

Michael Cohen has continued to shine a light on the narrative of The Donald (let's breakdown President Trump to his celebrity and self-interest).

"I will meet you at the Capitol" is the trigger phrase of incitement. People from The Trump Rally showed-up looking for The Donald. There was a battle with the police already occurring, some Trump Supporters joined in the fight, and other Trump Supporters joined in the march to head indoors. And, hundreds of those people are on camera, arrested, and "expected" a pardon.

The fact that he didn't use his celebrity to influence these fools to stop matters to me. Pence was targeted for assassination and possessed the nuclear codes. Pelosi was a secondary target.

I think People who spoke at the Rally were all "Michael Cohens." Most are influenced by the fame of The Donald to attempt to get his Trump Supporter support for their own political capital.

Michael Cohen says they are all going to be used by The Donald for his self-interest, just like everyone who joined the President in the White House.

I encourage people to listen. Michael Cohen refreshed my memory and put the events of January 6th in context:

https://www.youtube.com/watch?v=R0EisP8Ifqs

Expand full comment

Fantastic Piece Seth. As always but the pieces you write on law and its surroundings are always fascinating. Thanks!

Expand full comment

Seth, after reading this, I feel like taking a shower.

Expand full comment

Ok so what can we the people do to fix it?

Expand full comment

I don't believe McConnell or Rubio would vote for not allowing him to ever run for office, but I think the circumstances here with the former President inciting insurrection and sending a mob to the Capitol where lives were lost and property damaged and personal threats made to our Congress, is a far more different and heinous crime than you would get with most of the elite. The old saying of money talks and bs walks is as true as it gets, but this was against our government and our democracy. Stone, Bannon, Flynn and Manafort had T to protect them. Not anymore and I am hoping they will be charged with aiding in this insurrection. I don't feel they would have gotten off so easily and definitely no pardons, if there had been a President in Office with any honor at all or at least I would hope so. I am a firm believer in our Justice system to do their job and I surely hope they will do it now. I didn't believe for a minute GOP would vote him guilty, so was not surprised, yet still very disappointed. I do feel hopeful there is a possible bipartisan vote to keep him from holding any office in the future. I hope they will pursue that. It could make a huge difference in stopping him from moving forward. I agree when you say let's hope it works but don't hold your breath. I would already be dead and buried if I had done that any at all in the last 4 years. Hopefully we can trust in the judicial system! They surely did save us in the election with all his stupid cases. Them and Marc Elias!

Expand full comment

It’s a sad truth! I’m angry that he will get away with All of it! Every horrible atrocity!

Expand full comment

In the U.K., there are *constitutional courts*, an independent court of law meant to hold public servants to account. In the U.S., we do not have that. Congress is a bipartisan entity, *not independent from politics*. This is why the Rule of Law coined by Dicey does not work in America. What is our ultimate aim? To throw all GOP out of Congress? This won't work.

Seth, I entreat you to read my Twitter. I lay out reasoning based on evidence that:

1. The FBI does not have our backs.

2. Neither does the National Guard. General Hokanson was the one who *rejected the call for backup* during the Jan 6th insurrection.

3. I lay out the four scenarios that the GOP could take.

4. Based on all of this, I believe that civil war is inevitable by 2025.

I'd love to hear some hope from you. That I'm wrong.

I read every single tweet from The Washington Post and the New York Times. I pay attention. I read PROOF and Popular Information, too.

I hope you won't dismiss me as someone who speculates.

My Twitter handle is @melyanenders.

--- Melissa Yan Enders

Expand full comment

Yikes

Expand full comment

FBI knew in advance about the plot to storm the Capitol on Jan. 06, and they quietly allowed it to happen anyways. FBI seems complicit in the "inside job".

Parler referred violent content from its platform to the FBI more than 50 times in the weeks before the Jan. 06 riot at the U.S. Capitol. This includes a Dec. 24 post recruiting an "armed force of 150,000 people to react to the congressional events of Jan. 06". This also includes a Jan. 02 post from a user saying he would be wearing body armor to the pro-Trump rally on Jan. 06. "It's no longer a protest. This is a final stand where we are drawing the red line at Capitol Hill. I trust the American people will take back the USA with force and many are ready to die to take back USA." In another post, a user made clear that armed people would be at the Capitol that day. "They may be concealed at first, but if Congress does the wrong thing, expect real chaos, because Trump needs us to cause chaos to enact the Insurrection Act."

https://www.wsj.com/articles/parler-says-it-informed-fbi-of-violent-content-before-capitol-riot-11616702400

Expand full comment