Trump charged in superseding indictment in election interference case following SCOTUS ruling

The new indictment adjusts the charges to the Supreme Court’s immunity ruling.

ByAlexander MallinKatherine Faulders, and Peter Charalambous

Special counsel Jack Smith has charged former President Donald Trump in a superseding indictment in his federal election interference case that charges him with the same offenses in the original indictment, but is adjusted to the Supreme Court’s recent presidential immunity ruling.

“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions,” a Justice Department spokesperson said Tuesday.

Trump last August pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election to remain in power. Last month, in a blockbuster decision, the U.S. Supreme Court ruled that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office, and sent the case back to the trial court to sort out which charges against him can stand.

In a separate filing Tuesday, the special counsel said he does not oppose waiving Trump’s appearance for an arraignment on the superseding indictment.

While the original indictment laid out five ways Trump allegedly obstructed the function of the federal government — having state election officials change electoral votes, arranging fraudulent slates of electors, using the Department of Justice to conduct “sham” investigations, enlisting the Vice President to obstruct the certification of the election, and exploiting the chaos of the Jan. 6 riot — the new indictment removes mention of his use of the Department of Justice, which was explicitly mentioned in the Supreme Court’s ruling as falling within his official duties.

While the original indictment mentions the Justice Department on over 30 occasions, the new indictment makes no mention of the DOJ.

It also reframes the portion of the original indictment outlining that Trump allegedly knew his claims of election fraud were false. (snip)

In multiple places, Smith’s new indictment adds clarifying language to state when he believes Trump was clearly acting outside of his official duties, saying, for instance, that Trump “had no official responsibilities related to any state’s certification of the election results” and highlighting when Trump was allegedly acting “not as President but in his capacity as a candidate for office.”

The superseding indictment also removes key allegations about Trump’s refusal to act as rioters stormed the Capitol.

The new indictment no longer includes allegations that Trump refused advisers’ requests to send a message calling off rioters and that Trump later refused to withdraw his objections to the certification despite the plea of his White House counsel.

The new indictment is 36 pages, while the original indictment was 45.

It comes just days after Smith, in a filing, urged the Eleventh Circuit Court of Appeals to reverse a federal judge’s surprise dismissal of Trump’s classified documents case, which Smith is also overseeing.

https://abcnews.go.com/Politics/donald-trump-charged-superseding-indictment-federal-election-subversion/story?id=113193224

Reblog from MPS

The Danger of Kash Patel

I’m reading through the Morning Memo from TPM (yeah, it’s 4PM; so what?🌞) and see a bit about an Atlantic article written by Elaina Plott Calabro. It’s a profile of Kash Patel. I’ve used up my Atlantic freebies, but am providing links here, plus a copy-paste of a thread that’s available for free. The link to the thread is just below the one for the Morning Memo, both beneath the copy-paste. Either the event detailed has somehow slipped my mind, or this is yet another example of how the Don’s administration was dangerous to US national security.

=====================

In the course of reporting on Patel, and the threat that he and other loyalists like him would pose to the country in a second Trump term, I struggled to shake what I learned about a series of events that took place on October 30, 2020. I want to share them with you here.

(snip-embedded tweet visible on the page)

On that Friday, according to multiple reported accounts, SEAL Team 6 was awaiting the green light on a rescue mission in West Africa. The admin had recently learned where gunmen were holding an American who had been kidnapped that week from his farm near the Niger/Nigeria border. 

As multiple agencies coordinated on final details for the evening operation, the State Department worked to resolve the last outstanding task: securing airspace permission from Nigerian officials. 

Around noon, Patel called the Pentagon with an update: Secretary of State Mike Pompeo, he said, had gotten the approval. The mission was a go. 

The SEALs were close to landing in Nigeria when DOD discovered that State had not, in fact, secured the clearance, as Patel had claimed. The aircraft were quickly diverted, and flew in circles for the next hour as officials scrambled to alert the Nigerian gov’t to their position. 

With the operation window narrowing, Esper and Pompeo called the Situation Room to put the decision to the president: Either they abort the mission and risk their hostage being killed, or they proceed into foreign airspace and risk their soldiers being shot down. 

But then, suddenly, the deputy secretary of state was on the line, Esper later wrote in his memoir: They’d been cleared, and the rescue operation was ultimately a success. But back in Washington, the celebration was checked by anger. How to make sense of Patel’s bad report? 

Two people familiar with the exchange told me that Tony Tata, the Pentagon official and retired Army general to whom Patel had originally given the green light, confronted Patel in a rage. “You could’ve gotten these guys killed!” he shouted. “What the fuck were you thinking?” 

Patel’s response: “If nobody got hurt, who the fuck cares?” 

Through a spokesperson, Patel denied saying this, or making up the approval story. But three former senior administration officials independently cited the near catastrophe in West Africa as one of their foremost recollections from Patel’s tenure. 

They remain unsettled by Patel’s actions, they told me, in large part because they have no clue what motivated them. If Patel had in fact just invented the story, as Esper’s team concluded, then why? 

Was it because the election was in four days, and Patel was simply that impatient to set in motion a final potential victory for Trump, whatever the risk — was it as darkly cynical as that? Did his lack of experience mean he just had no grasp of the consequences? 

I don’t know the answers to these questions. But three months of reporting later, they’re the questions I can’t stop thinking about it — particularly as Patel, in a second Trump term, could very well assume remarkable power atop America’s national security establishment. 

Anyway, if you’ve made it this far, I hope you’ll read the whole story, from our October issue, here:

The Man Who Will Do Anything for TrumpWhy Kash Patel is exactly the kind of person who would serve in a second Trump administrationhttps://www.theatlantic.com/magazine/archive/2024/10/kash-patel-trump-national-security-council/679566/?gift=PtjScmMpxEiEcpa5Z2F__gB8wOaSeKCNP9BBei0XHi0&utm_source=copy-link&utm_medium=social&utm_campaign=share

• • •

https://morningmemo.talkingpointsmemo.com/p/the-colossal-systemic-failure-in

https://threadreaderapp.com/thread/1828233087819395144.html

GA Gov Seeks To Oust Cultist Election Board Members

Talk about needing to stop the steal!  Republicans are so desperate to be rulers over the public, to tank democracy they are willing to do anything to win.  They don’t want anyone but white male straight cis republican men to vote.  Everyone else they see as inferior and needing to be treated like a servant, who have no rights but to do as they republican leaders tell them.  They want to be the royalty below king tRump.   Hugs.  Scottie

 

From the office of Georgia Gov. Brian Kemp:

This office has received Senator Nabilah Islam Parkes and other’s letters alleging ethics violations by members of the State Elections Board. Due to uncertainty regarding whether this office has authority to act under Code Section 45-10-4 in response to these complaints, we have sought the Attorney General’s advice regarding the application of the statute to the letters. We will respond following receipt of this advice and further evaluation of the letters.

An ex-Atlanta Journal-Constitution reporter writes:

They are passing a series of last-minute, unnecessary, unrealistic and in some cases illegal rule changes in how elections are conducted. They have done so despite clear warnings from local election officials that they are “setting up 159 counties for failure.”

According to the Georgia Association of Voter Registration and Election Officials, those changes will “create unnecessary confusion among both the public and the dedicated poll workers and election officials who are critical to ensuring a smooth and efficient voting process.”

If those warnings prove valid, if county election officials have indeed been set up for failure through rules they cannot realistically honor, then Trump will have the excuse he needs to challenge the election outcome and delay or halt certification.

Two weeks ago Trump called out all three cultist election board members by name at a Georgia rally. Last week he posted praise of Kemp in an attempt to make peace.

Last month the board voted to allow private citizens to file challenges to voter registrations, resulting in an immediate challenge to Rep. Marjorie Taylor Greene’s registration. They also voted to allow county officials to refuse to certify election results.

Vance’s Trumped-Up Economics

Robert Reich Aug 25, 2024 (Posting Monday AM)

Friends,

Sorry to interrupt your Sunday but I think it useful in these final weeks before the election to give you the truth on important matters of public policy.

Today, Republican vice-presidential nominee JD Vance told NBC News that the tariffs Trump imposed during his term in office had not raised prices for Americans but had brought a significant number of jobs back to the United States.

Wrong on both counts.

In a careful analysis, researchers found the cost of Trump’s tariffs were “almost entirely borne by U.S. firms and consumers.”

That’s not surprising; tariffs function like taxes by raising the costs of imported goods. Trump’s proposal to raise tariffs on all imports as a means of raising revenue to offset a tax cut is obviously absurd.

Vance is also wrong about employment. Research clearly shows that the Trump tariffs did not bring jobs back to the United States.

Tariffs may be necessary for national security to protect critical industries such as semiconductors. But no one should be fooled into thinking they’re costless for consumers, or good for workers. The 1930 Smoot-Hawley tariff made the Great Depression far worse than it already was.

That Vance would make these claims — which have been so convincingly debunked — should cause all of us some concern. He seems as unreliable as the person who named him his running-mate.

https://robertreich.substack.com/p/vances-trumped-up-economics

Oklahoma state superintendent confirms new student test results are ‘very different’

Ryan Walters said his agency is explaining the new data to schools. District leaders deny there has been any explanation from the state.

By: Nuria Martinez-Keel – August 22, 2024 4:55 pm

(It’s very interesting. Well-written, but there are still little gold nuggets or Easter Eggs scattered throughout. It’s worth the click. Read it on my phone last night.)

Paxton Raids Election Offices In Major TX Blue County

Paxton is a well known corrupt partisan hack.  He is a complete culture warrior trying to turn the clock back to 1950 if not back to 1900.   He wants rights only for white straight cis men.  Women are to be controlled and used by men.  There will be no LGBTQ+ people allowed in pubic or in society.  They will hide and be afraid.  As for non-whites.  They won’t have rights nor ability to rise in society, business, or anything amounting to making gain for themselves.  He wants them to be segregated and below every white person.   Texas is not in play, it will go red and vote republican, so why raid the offices of the blue democratic leaning districts.   To give credence to the upcoming cries of the election was rigged and election fraud when tRump and the republicans lose the election.  They are doing everything they can to set the stage for what they fear most, loss of power, loss of the ability to rule over everyone else.   Hugs.  Scottie

 

The Hill reports:

Texas Attorney General Ken Paxton’s (R) office executed search warrants in one of the state’s largest urban counties — and biggest Democratic strongholds — where it alleges vote tampering.

On Tuesday the attorney general’s office searched offices in Bexar County, the state’s fourth most populous county and the home of San Antonio. The office said the searches followed a two-year investigation, and that “secure elections are the cornerstone of our republic.”

The searches came amid a broader push by Paxton to prosecute election fraud — a campaign that in 2023 spent $2.3 million to prosecute just four cases, according to the Houston Chronicle.

Read the full article.

 

Creating a basis for claiming irregularities for November so they can withhold certifying the county.

Has the coup started early?

I was gonna say… The coup starts, now.

This is clearly an intimidation tactic. Remember, the only reason he wasn’t impeached was because the donors threatened to pull funding if he was.

Democrats are voting! That’s proof of fraud! /s

 

 

Trump fearmongering about Harris

Trump Warns Harris Will Give “Everybody Health Care”

 

“She wants to take away your private health care. There are many people in this country who spend a lot of money on private health care.

“It’s the best health care in the world, by the way. But they want to do it. They worked hard to make money and they want to do it under her. You’re not going to have private health care plans anymore.

“And you can be a wealthy person or middle income person and you want to spend on a really good plan, better than a government plan. And you’re not gonna be allowed.

“You’re all going to be thrown into a communist system. It’s a communist system. You’re going to be thrown into a system where everybody gets health care.” – Trump, at yesterday’s disastrous “press conference” in New Jersey.

He is appealing to the selfish assholes who want to deny everyone but themselves of any privilege. ” This is not about me hoarding. This is about you who should not have anything.”

He just openly said that healthcare should be reserved for those who can afford it. He’s too stupid to be coy but that’s just breathtaking.

If you take that argument to its logical conclusion (since timely health care in more than just a few cases literally saves lives), what it obliquely implies is that the amount of money you have in the bank is the measure of your worth as a human and that you don’t necessarily have a right to life.

Guess what. The anti-abortion challenges to EMTALA are also going to destroy EMTALA itself. Get used to being dumped back in the parking lot if you should be unlucky enough to not be able to prove your ability to pay. Too bad if you are brought in without identification or an accompanying family member with the insurance card.

 

Emergency Medical Treatment and Active Labor Act.

From Wikipedia🔗 :

… EMTALA … requires hospital emergency departments that accept payments from Medicare [i.e. virtually all hospitals] to provide an appropriate medical screening examination (MSE) for anyone seeking treatment for a medical condition regardless of citizenship, legal status, or ability to pay. Participating hospitals may not transfer or discharge patients needing emergency treatment except with the informed consent or stabilization of the patient or when the patient’s condition requires transfer to a hospital better equipped to administer the treatment.


EMTALA, as a federal law, supersedes state laws that ban abortion. So, doctors who perform emergency abortions to stabilize a patient are protected by EMTALA. Hospitals that fail to do so could face fines or be booted from Medicare.

[with more about cases SCROTUS heard and punted on]

 

Without Comment (from me,)

Trump says he’d consider appointing RFK Jr. to role in administration

By Eric Bradner, CNN  3 minute read  Updated 4:58 PM EDT, Tue August 20, 2024

Donald Trump said Tuesday he would “certainly” be open to Robert F. Kennedy Jr. playing a role in his administration if the independent candidate drops out of the 2024 race and endorses the former president.

“I like him, and I respect him,” Trump told CNN’s Kristen Holmes in an interview after a campaign stop in Michigan.

“He’s a brilliant guy. He’s a very smart guy. I’ve known him for a very long time,” the Republican presidential nominee said. “I didn’t know he was thinking about getting out, but if he is thinking about getting out, certainly I’d be open to it.”

Trump’s comments came after Kennedy’s running mate, Nicole Shanahan, said on a podcast posted Tuesday that the Kennedy campaign is considering dropping out of the race and endorsing Trump. She described the decision as intended to reduce “the risk” that Vice President Kamala Harris defeats Trump.

Trump said he would “love that endorsement, because I’ve always liked” Kennedy.

Asked if he would consider appointing Kennedy to a role in his administration if he wins in November, Trump said he “probably would.”

“I like him a lot. I respect him a lot,” Trump said. “I probably would, if something like that would happen. He’s a very different kind of a guy — a very smart guy. And, yeah, I would be honored by that endorsement, certainly.”

The former president also downplayed the potential for backlash from Republicans for appointing Kennedy, who has taken a number of progressive positions.

“I like smart people, and Republicans like me,” Trump said. (snip-More on the page, linked in the title of this post.)

Let’s talk about Trump’s attempted campaign reset….