Thursday, December 13, 2018

Jail time for Trump . . . a possible scenario

Michael Cohen was Donald Trump's long-time personal lawyer;  but, in truth, he was more "fixer" than lawyer.   Today, Cohen was sentenced to three years in prison, plus a hefty fine and restitution for failure to pay taxes.

Of interest here is this fact we should keep in mind:    a good part of what Cohen is going to do time for is illegal work he did for Donald Trump, as well as helping cover it up.

What does that say about Trump?    Already, the indictment of Cohen states clearly that Trump "directed" the illegal campaign finance violation that Cohen carried out, which arguably makes Trump also guilty of a crime.

Let's stipulate for the moment that, although his lawyer will go to jail, Trump himself will not be indicted as long as he is serving as president.    Legal scholars disagree about this;  but the Justice Department's Office of Legal Counsel has issued an opinion that upholds the indictment prohibition.   But, even so, he could be indicted the day he left office.


Michelle Goldberg, in her New York Times opinion column, has another scenario in mind, however.    The statute of limitations for campaign finance violations is five years, so if Trump runs and is re-elected in 2020, it would have run out by the time he is out of office.


But if he loses -- or does not run -- then on the day his term is up in January 2021, he could be indicted.   This sets up not just an election but the prospect that Trump could be literally running for his freedom, not just running for another four years in the Oval Office.


To be a bit cute about it:   regardless of who is the Democratic candidate in 2020, for Trump it will literally be a contest between the White House and the Big House.


We need to go beyond cute, however.    Trump is a dirty fighter;  and this will be a desperate Trump, fighting dirty.   Like trying to destroy his opponent, like having a compliant Justice Department prosecuting them for a trumped-up crime.  In addition, Trump, as president, has a great deal of power to do unspeakable damage to our nation, our standing in the world, and to our democracy.


Representative Eric Swalwell  (D-CA), who is himself considering a presidential run, foresees "a dangerous situation," in which Trump could become ever more erratic in making decisions to save himself that involve "our troops or internal domestic security."


The Democrat Jerry Nadler, who will become chair of the House Judiciary Committee in January, plans to introduce legislation that would freeze the statute of limitations for crimes committed by presidents, so that they could not avoid charges simply by being re-elected.


Goldberg ends her column with the hope for "the emergence of irrefutable evidence of further presidential crimes, enough to finally test the tolerance of at least some fraction of Republicans," so that impeachment by the House, with conviction in the Senate, becomes the solution.


I think that's what will happen.   But, if it doesn't, then Plan B would also be satisfying:  Let him run for re-election in 2020 -- and be rejected by voters in the BIGGEST LANDSLIDE EVER SEEN IN OUR HISTORY.


Then, finally, Trump would get his wish to have had something that was genuinely, honestly the BIGGEST EVER.

Ralph

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