01 August 2021

I Can Haz Prosecushuns?

The news that Donald Trump pressured the Department of Justice to declare the election fraudulent should be reason enough to charge him with any number of crimes, and frog march him out of his offices in handcuffs.

Trump, and his fellow travelers, should be in the dock:

President Donald J. Trump pressed top Justice Department officials late last year to declare that the election was corrupt even though they had found no instances of widespread fraud, so he and his allies in Congress could use the assertion to try to overturn the results, according to new documents provided to lawmakers.

The demands were an extraordinary instance of a president interfering with an agency that is typically more independent from the White House to advance his personal agenda. They are also the latest example of Mr. Trump’s wide-ranging campaign during his final weeks in office to delegitimize the election results.

The exchange unfolded during a phone call on Dec. 27 in which Mr. Trump pressed the acting attorney general at the time, Jeffrey A. Rosen, and his deputy, Richard P. Donoghue, on voter fraud claims that the Justice Department had found no evidence for. Mr. Donoghue warned that the department had no power to change the outcome of the election. Mr. Trump replied that he did not expect that, according to notes Mr. Donoghue took memorializing the conversation.

“Just say that the election was corrupt + leave the rest to me” and to congressional allies, Mr. Donoghue wrote in summarizing Mr. Trump’s response.

Mr. Trump did not name the lawmakers, but at other points during the call, he mentioned Representative Jim Jordan, Republican of Ohio, whom he described as a “fighter”; Representative Scott Perry, Republican of Pennsylvania, who at the time promoted the idea that the election was stolen from Mr. Trump; and Senator Ron Johnson, Republican of Wisconsin, whom Mr. Trump praised for “getting to bottom of things.”

………

The phone call by Mr. Trump was perhaps the most audacious moment in a monthslong pressure campaign aimed at enlisting the Justice Department in his crusade to overturn the election results.

After the departure of Mr. Rosen’s predecessor, William P. Barr, became public on Dec. 14, Mr. Trump and his allies harangued Mr. Rosen and his top deputies nearly every day until Jan. 6, when Congress met to certify the Electoral College and was disrupted by Mr. Trump’s supporters storming the Capitol, according to emails and other documents obtained by Congress and interviews with former Trump administration officials.

The conversations often included complaints about unfounded voter fraud conspiracy theories, frustration that the Justice Department would not ask the Supreme Court to invalidate the election and admonishments that department leaders had failed to fight hard enough for Mr. Trump, the officials said.

The Justice Department provided Mr. Donoghue’s notes to the House Oversight and Reform Committee, which is investigating the Trump administration’s efforts to unlawfully reverse the election results.

………

Typically, the department has fought to keep secret any accounts of private discussions between a president and his cabinet to avoid setting a precedent that would prevent officials in future administrations from candidly advising presidents out of concern that their conversations would later be made public.

But handing over the notes to Congress is part of a pattern of allowing scrutiny of Mr. Trump’s efforts to overturn the election. The Biden Justice Department also told Mr. Rosen, Mr. Donoghue and other former officials this week that they could provide unrestricted testimony to investigators with the House Oversight and Reform and the Senate Judiciary Committees.

The department reasoned that congressional investigators were examining potential wrongdoing by a sitting president, an extraordinary circumstance, according to letters sent to the former officials. Because executive privilege is meant to benefit the country, rather than the president as an individual, invoking it over Mr. Trump’s efforts to push his personal agenda would be inappropriate, the department concluded.

In a just world, Trump would already be charged, and so would half of his administration.

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