The Smoking Gun
Trump spends an hour lying, wheedling and threatening—on tape.
January 3rd, 2021
Georgia Secretary of State Brad Raffensperger must have felt as surreal as a Dali painting listening to Donald Trump telling him he needed to rustle up 11,780 votes so he could reverse the results of the vote in Georgia. I suspect that Trump has made quite a few similar calls to officials in at least six other states, in a grim effort to steal the 2020 election. But this time, the Secretary—or someone in his office—recorded the call, a high fidelity sound quality that left absolutely no doubt about who said what. A full hour of it.
The phone call wasn’t just unethical—it was illegal, a state and federal felony that by itself could get Trump twenty years in jail.
People old enough to remember old [Expletive Deleted] remember that the tapes were redacted and the sound quality was poor enough that there was honest debate over who said what, and the only “smoking gun” was that the tapes showed he lied about being involved in the cover up of the Watergate hotel. It was years before we learned that Nixon knew of the break-in before it happened, or the full extent of the cover up. Had the full story been known, perhaps Gerald Ford might have refused to pardon Nixon, or been impeached for doing so. As it was, it did immense damage to the spirit of the nation, which had prided itself that no politician was above the law.
Even worse, it taught Republicans that not only does crime pay, but that so long as they have a weak and corrupt guy in the White House, they are above and beyond the law. The latest spate of get-out-of-jail free pardons by Trump are just the latest round of abuses by strutting and grinning fascists in the GOP. This may be the worst; they include four individuals whose burned and charred corpses ought to hanging from a bridge across the Euphrates. They are blatant efforts to obstruct justice; the pardons try to keep the people who made up the most corrupt administration in American history out of prison—including Trump himself.
The weirdest part of the extremely strange call was Trump’s demand that Raffensperger “find” 11,780 votes, baldly explaining that the specific number of “found votes” would make him the winner of Georgia by one vote. That violates 52 U.S. Code § 20511. Just for the record, here is that provision in federal law:
A person, including an election official, who in any election for Federal office—
(1) knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for—
(A) registering to vote, or voting, or attempting to register or vote;
(B) urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or
(C) exercising any right under this chapter; or
(2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by—
(A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or
(B) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held,
shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.
The tape reveals a prima facie violation of that law. It also violates state law. And we can be pretty certain that Trump made similar calls to the Secretaries of States in Pennsylvania, Wisconsin, Arizona, Michigan, desperately leaning on people to keep him in office and out of prison.
With only seventeen days left in his term, there simply isn’t time to impeach and convict him, even if the weak, criminal, strutting treasonous cowards that make up much of the GOP were willing to do so. But after the election, his actions yesterday can be added to the pile of criminal prosecutions he will face, no matter how many criminals he pardons. (If you accept a pardon, you are acknowledging that you did, in fact, commit criminal acts.)
Biden has promised he will not pardon Trump. It’s possible that Trump may resign the morning of the 21st so Pence can be a half-day President with the sole purpose of pardoning Trump, but Pence’s problem is there is nobody to pardon him, and he will face charges of obstruction of justice at the very least. A first-year law student could win a case of corrupt intent—normally nearly impossible to prove—in this particular case.
Republicans have no courage or self-respect. Let’s hope, for the sake of the country, that the rest of America does, and ends this corrupt cabal once and for all.
