Out of all the criminal indictments former President Donald Trump faces, this latest one brought by the Justice Department this week charging Trump of conspiring with allies to spread falsehoods and concoct schemes intended to overturn his election loss to President Joe Biden and hold on to power is the indictment most Americans wanted to happen.
Americans, our voting electorate, with this indictment have a sense that our democracy is now being protected. We’ve seen on our television with our own eyes the criminal conduct of Trump and have been waiting for this day to come, and it finally came, years later after thorough investigation by the Justice Department (which length of time, also speaks to democracy at work).
While Trump has yet to be convicted, Americans should know that federal prosecutors do not bring indictments unless they’re certain laws have been broken and more than sufficient evidence exists to win in the court of law. This is why the conviction rate of federal prosecutors is a whopping 98%. In fact, most federal criminal cases will not go to trial.
Here is a telling stat of Trump’s chances of winning in the court of law in this case. According to a Pew Research Center analysis of the latest available statistics from the federal judiciary, in 2022, only 290 of 71,954 defendants in federal criminal cases – about 0.4% – went to trial and were acquitted. Another 1,379 went to trial and were found guilty (1.9%).
Most legal experts agree that there is a very good chance that Trump will be convicted and held accountable for what were essentially democracy ending crimes.
It’s worth repeating, Trump’s criminal conduct were democracy ending crimes that we as a nation survived, barely. This is not hyperbole.
Trump could face a maximum of 55 years in prison if he is convicted of all charges in this case.
It’s not about the lies, but the criminal conduct
Trump’s attorneys have made an initial argument that their client was exercising his right to freedom of speech and expression.
But the indictment is very clear. Trump is not being prosecuted for his lies. It says, these charges are about Donald Trump conspiring, criminally agreeing with others to try to violate the laws of the United States. He conspired to defraud the United States out of its right to a free and fair election. It has nothing to do with his speech, but everything to do with his criminal agreements with others and his criminal conduct in trying to carry out those conspiracies.
Trump was afforded free speech, even free speech that amounted to lies that he had won the election. But he couldn’t act on those lies by scheming and carrying out criminal actions that would overturn an election.
Specifically, what were acts of criminal conduct?
This is the heart of the indictment that should not be overlooked. This is the part that history teachers will be explaining to their students in the future. And knowing this information is what will shield democracy from future copycat Trumps and “wannabe” dictators wanting to hold on to power after losing an election.
The indictment states there was a weekslong plot that began with pressure on state lawmakers and election officials to change electoral votes from Biden to Trump, and then evolved into organizing fake slates of pro-Trump electors to be sent to Congress.
Then Trump and his allies also attempted to use the Justice Department to conduct bogus election-fraud investigations in order to boost his fake electors’ scheme, the indictment says.
Further, as Jan. 6 approached, Trump and his allies pressured Vice President Mike Pence to reject specific electoral votes, and when that failed, the former president directed his supporters to go to the Capitol to obstruct Congress’ certification of the vote, the indictment states.
This is the crime, the criminal conduct exacted by Trump, the indictment alleges.
Speedy trial is everything
What’s next? As we’ve seen in the sensitive documents and obstruction federal indictment of Trump, his attorneys’ strategy will be in this case as well – is to stall and delay a trial date until after the general election next November. In such a scenario, the charges could be swept away with presidential power of pardoning and immunity. In such a scenario, Trump is not held accountable, and democracy suffers a big blow.
What needs to be done is that a trial needs to move through the system quickly and fairly, in a timely matter before the upcoming presidential election. And not just for this case, but all the criminal indictments brought against Trump.
Why? Because American voters should have the right to know whether they are casting their vote for a convicted criminal or an exonerated man.
A speedy and fair trial is not only in the best interest of American voters, but it should be for Trump, the defendant, as well. If he is so confident of his innocence, he shouldn’t attempt to stall, but look forward to clearing his name before the election.
Trump insists that he has done nothing wrong and accuses the Justice Department and Democrats of trying to harm his presidential election bid.
The former president will have his day in court and an opportunity for exoneration. Trump should accept this challenge by not trying to stall, if in fact, he believes as he is claiming, that the Justice Department’s agenda is to ruin his campaign. It’s very simple, have your attorneys stop delaying tactics and clear your name before the election.
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