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What Alleged District Of Columbia Crimes Could Donald Trump Be Charged With For Attack On Congress?

What Alleged District Of Columbia Crimes Could Donald Trump Be Charged With For Attack On Congress?

This entry is part 3 of 13 in the series Donald Trump

Criminal Code of the District of Columbia

§ 22–1322. Rioting or inciting to riot.

(a) A riot in the District of Columbia is a public disturbance involving an assemblage of 5 or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons.

(b) Whoever willfully engages in a riot in the District of Columbia shall be punished by imprisonment for not more than 180 days or a fine of not more than the amount set forth in § 22-3571.01, or both.

(c) Whoever willfully incites or urges other persons to engage in a riot shall be punished by imprisonment for not more than 180 days or a fine of not more than the amount set forth in § 22-3571.01, or both.

(d) If in the course and as a result of a riot a person suffers serious bodily harm or there is property damage in excess of $5,000, every person who willfully incited or urged others to engage in the riot shall be punished by imprisonment for not more than 10 years or a fine of not more than the amount set forth in § 22-3571.01, or both.

Definition:

 

Note:  The blog writer is NOT a lawyer and has no legal training.  The above information should show meaning and not require any special training.

 

 

 

Posted: February 11, 2021

What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

This entry is part 5 of 13 in the series Donald Trump

What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

 

The Democratic presentation for the second impeachment of Donald Trump appeared so powerful that they seemed to prove, without any doubt, that allegedly Donald John Trump performed criminal acts.  According to existing law, Donald J. Trump could be facing fines and imprisonment for 10 to 20 years.

He allegedly organized and incited the attack upon the capitol of the United State and individuals.

Next is some possible legal reasons why President Trump’s alleged actions were a crime:

18 U.S. Code CHAPTER 115—TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES:

§ 2383 – Rebellion or insurrection

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”

§ 2384 – Seditious conspiracy

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

§ 2385 – Advocating overthrow of Government

“Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.”

Source:  https://www.law.cornell.edu/uscode/text/18/2385

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42 U.S. Code §?1985. Conspiracy to interfere with civil rights

 

(1)Preventing officer from performing duties

If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;

(2)Obstructing justice; intimidating party, witness, or juror

If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

(3)Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

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Note:  Rep. Bennie G. Thompson (D-Miss.) has filed a lawsuit against President Donald Trump, attorney Rudolph W. Giuliani and two extremist groups IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, 02/16/21.  This lawsuit is represented by the NAACP and Cohen Milstein Sellers & Toll.  The lawsuit is using the 42 U.S. Code §?1985. Conspiracy to interfere with civil rights as basis for their lawsuit.
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Note:  The blog writer is NOT a lawyer and has no legal training.  The above information should show obvious meaning and not require any special training.

 

 

 

Posted: February 13, 2021
Added. 42 U.S. Code §?1985: because of new lawsuit.  February 16, 2021
Refined:  July 11, 2022

Sedition Of January 6, 2021 – Some Surprising Issues Revealed

Sedition Of January 6, 2021 – Some Surprising Issues Revealed

This entry is part 4 of 13 in the series Donald Trump

Opinion based on facts.

Sedition Of January 6, 2021 – Some Surprising Issues Revealed

As a United States citizen and trying to follow the news closely, I have been somewhat shocked to witness a very large number of apparent quick changes in what has taken place in the past 5 years when measured to the new direction that the United States is taking with the recent appointment of Joe Biden in 2021 as US President.  I decided to try to list all the switch backs and turns, that in my mind, really show themselves and there are quite a few.  I think this is a personal effort to first understand some recent events and then get over these tumultuous events that are bothering me to help retain some personal sanity.  

Let me state a bias I have.  I do like our democratic form of government.  I know that it needs to be improved but that is probably also true with each of us.  I just recently came to realize that our nation just might slide to becoming a dictatorship and I will fight like hell to not let that happen.  Part of making this a better nation is to reflect what took place, analyze almost everything, improve what we can for the betterment of all, criticize when necessary and praise good deeds and results.

My second bias is I personally feel good when I can help another person or animal.  This is selfish of me for getting this reward but it seems to be good.  This and my other blog articles are, I guess, my selfish desire to do good for you.

Following is not in any order of importance:

  • President Donald Trump was more stupid and selfish  than most had realized.  If he had not incited the rioters to march to the capitol building as part of his speech January 6, 2021, he would not be the first president in our history to be impeached twice.  If he had just kept his mouth shut about marching, history’s trajectory for the United States would not have  bent so badly. 
  • A number of Republican congress men and women are not willing to protect the United States form of government, which someone should tell them should be a democracy.
  • The Republican Party is fractured, way less cohesive now than it appeared in 2020.  The party is on the brink of breaking apart.
  • The Republican Party was poorly administered.  They allowed a self centered, selfish leader of the party to run amuck.  There was no supervision that amounted to anything from Mitch McConnell and other party leaders to control Trump.  History books may well measure these events as profound failures of a party and some individuals.
  • The January 6, 2021, attack on Congress really revealed what maybe the most singular reason our nation is divided because white people feel they are being outnumbered leading to beliefs and resulting fears of loosing power and control leading to efforts to cement white supremacy into our nation.   
  • Quite a few Republicans utterly failed to respect whole blocks of citizens votes during the 2020 election in an effort to perform an illegal overturn of the citizens will.  Republicans need to understand that this country is owned and administered by the people through the process of voting.
  • A really shocking revelation, up to the revolt, is how close the United States had come to being a dictatorship and some of us see how easy it would be to make this actual transformation in the future.
  • The complicity of large media giants toward aiding the shift away from democracy and away from the truth  was shocking to witness.

Alternative media (U.S. political right)

  • The rather large number of really lousy ways that the American public get their facts was revealed.

Americans Who Mainly Get Their News on Social Media Are Less Engaged, Less Knowledgeable

  • The actual beliefs that some American citizens hold are utterly false.  These people fail to understand the process of deterring facts and the follow up process of arranging good honest beliefs in their minds.

Americans’ struggles with truth, accuracy and accountability

  • A number of media organizations and web sites are apparently propaganda vehicles serving up false claims and false views is way more than most people realized.
  • It is interesting to witness some children of some very important parents swing toward the good or bad side of things.
    • Keith Rupert Murdoch’s son, James Murdoch, rejects some of the FOX “NEWS” approaches.  
    • President Trump’s children seem to support their father’s views and way of doing things. 
  • It is very telling to see more friendliness and smiles for the people who work for President Biden than for Trump.
  • It is a refreshing shift to now see presidential policies for special interests businesses and groups be rejected and Biden do a fast turn toward to what is best for the whole nation.
  • The prior administration of Trump rejected science.  The Biden administration seems to embrace the truth from science and is making policy adjustments accordingly.
  • For some citizens, this government and how it operates does not work for them.  This might be one of the reasons Trump achieved a rather large following of voters.
  • The White House press briefings are way more polite, respectful ,and overall more civilized with the Biden administration than the Trump.
  • The Biden administration’s department head picks appear to be excellent, way better than Trump’s picks.
  • If we look backward to how we got here there is one rather powerful factor.  The “Supreme” Court decision in the Citizens United vs Federal Elections Commission which allowed big money to take rather silent influence and partial control of this nation and this seems to be at the root of some political corruption.  It seems rather far removed, for some, from the 2021 attack but the foundations of Democracy are being spoiled by big money corrosion.
  • Republican congress members avoid metal detectors.  One or more Republicans have carried guns into the House floor.
  • Each citizen’s attained level of education seems to be a factor for sustaining or thwarting the success or failure of our Democracy.

Trump corrupted the CDC.

Another rather shocking thing to witness, these past 4 years, was the number of President Trump boot lickers there were.

Coronavirus Aid, Relief, and Economic Security (CARES) Act pushed by Republicans and supported by Trump  is a $2.2 trillion economic stimulus bill passed by the 116th U.S. Congress and signed into law by President Donald Trump on March 27, 2020.  But, the Joint Committee on Taxation (JCT) shows a massive windfall for a small group of wealthy taxpayers from a Republican provision in the coronavirus relief bill.  According to the JCT, 43,000 individual tax filers covered by one of the provisions would see their tax liability fall by a combined $70.3 billion in 2020.  The JCT analysis shows nearly 82 percent of those who will benefit from that provision make $1 million or more, with 95 percent making over $200,000.   The provisions  all together will reduce government revenue by $160 billion over ten years.   This is just another reason some refer to the United States as a plutocracy, not a democracy.

 

I reserve the right to add more items to the above list as I come to find them.

 

Document first created: January 21, 2021
Posted January 23, 2021
Updated February 1, 2021

Possible Pending Sedition

Possible Pending Sedition

This entry is part 6 of 13 in the series Donald Trump

Opinion:

I have, for the longest time, wondered if a dictatorship  could take place in the United States.  As I watch the progression of U.S. politics, it appears to me that we have quite a few individuals who are now and probably more in the future that support the United States loosing our democracy and sliding into becoming a dictatorship.  This view is promoted by witnessing all the boot lickers in government who fail to tell the truth and work toward a truthful end and pander to a president who is so self centered.

There seems to be a current process for the slide from democracy to dictatorship by President Donald Trump, to delegitimize our last fair election and overturn the results so he can stay in power another four years.

By most measures, the 2020 past election for president and vice president was fair.  So far, the most shining aspect of the American Democracy is how fantastic the legal system has worked to protect our Democratic system.  Just think for a moment of how it is that over 50 courtroom judges all came to the same conclusion that the 2020 presidential election was fair.   This single aspect stopped Donald Trump from becoming an alleged dictator.

One significant problem with a democracy is it is open to a lot of opportunities as compared to a dictatorship which is based on tight control of the citizens.  This democracy openness offers  corrupt politicians the opportunity to use the system against itself.  Here are some examples of corrupting methods used by politicians and political parties to gain and keep power:

  • bribery
  • extortion
  • cronyism
  • nepotism
  • parochialism
  • patronage
  • influence peddling
  • graft
  • embezzlement

The actual voting process is not always fair. 

Possible Corrupt Voting Practices:

  • Gerrymandering 
  • Hacking voting machines.
  • Voter intimidation.
  • Attacks on poling places.
  • Entitlement to vote is challenged.
  • Racial voter restrictions.

One more factor that supports a well running democracy are the values that come with that form of government.

  • Work toward the common good.
  • Honesty and truthfulness.
  • Knowledge of public affairs.

One more factor that hopefully goes against corruption is the factor of norms.  Norms are best past practices that favor a well working democracy.  President Trump has broken quite a few.

Let’s take the legal aspect one step further.  Once in power, a politician and a political party just might  try to overturn the results of an election.  The problem with this effort is how legal the process is.  As already stated, our legal system put a stop to this illegal attempt.  So is there a penalty for trying to overturn the rule of the people?  Yes there is:

Sedition: conduct or speech inciting people to rebel against the authority of a state or monarch.

Seditious conspiracy: (18 U.S.C. § 2384) is a crime under United States law. It is stated as follows:

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined or imprisoned not more than 20 years, or both.

As soon as the electoral college certify that Biden properly won the new US president election then the immunity of politicians who are fighting against Biden winning being president by political means should disappear.  Then, any actions to overthrow the election results, after the electoral college certifies that Biden won, could be construed as act(s) of sedition.  

Possible pending 2020 sedition actors:

  • Donald Trump who constantly claims he won the election. 
  • Any individual especially a politician who supports this overthrow.
  • Any media that promotes the overthrow of the current U.S. government:
    • Facebook with Mark Zuccerberg being the person responsible for allowing and possible enhancing the  a platform of overthrow.
    • Fox “News” for allowing and possible promoting a platform of overthrow.
    • Newsmax for allowing and possible promoting a platform of overthrowing the results of the election.

Another despicable factor in Donald Trump trying to overturn the legitimate election results is this process has seemed to undermine the confidence in American democratic processes for a significant group of American citizens.    This possible erosion for accepting our current form of government, right now, might impact the future of our nation.

 

 

 

Posted January 3, 2020

Pittsburgh Post Gazette newspaper endorses Trump for allegedly flawed reasons.

Pittsburgh Post Gazette newspaper endorses Trump for allegedly flawed reasons.

This entry is part 7 of 13 in the series Donald Trump

The Editorial Board of the Pittsburg Post-Gazette, October 31, 2020, endorsed Donald Trump to continue being the president of the United States in the article titled:

The man and the record

They listed a lot of reasons for their endorsement but almost all were, allegedly, false when fact checking their claims.  Following are some major reasons they listed:

“Under Donald Trump the economy, pre-COVID, boomed, like no time since the 1950s.”

WRONG: “… growth in Trump’s initial three years in office was 2.5 percent — barely above Obama and well below the growth under the Clinton, Reagan and Johnson administrations.”

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“Unemployment for Black Americans is lower than it has ever been, under any president of either party.”

Wrong:  Under Obama the black unemployment rate started at 12.7% and slowly improved down to 7.5% which equals 5.2% improvement.  Trump’s administration kept this improvement going from 7.5% down to 5.4% which equals a 2.1% improvement, less than half as the Obama administration accomplished.

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“Under Mr. Trump, our trade relationships have vastly improved and our trade deals have been rewritten.”

Wrong: “President Donald Trump is painting a false picture of a U.S. economy unaffected by his trade war with China and other countries.”

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“He has put America first, just as he said he would.”

Wrong: “Instead of putting America first, he has put Donald first.”

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“He also kept his promise to appoint originalists to the Supreme Court of the United States. His third appointment, Amy Coney Barrett, is the best of all — a jurist whose mind and character and scholarship ARE first class.”

Wrong:  “… the nation now suffers a president, a Senate and a Supreme Court that do not represent the views or wishes of a majority of our people.”

“We may soon learn whether Justice Barrett is the independent jurist who strictly and honorably follows the law, or whether she will bring the court into further disrepute as the American people increasingly see it as simply another partisan branch of government.”

_____

“Under Mr. Trump the United States achieved energy independence for the first time in the lifetimes of most of us.”

Wrong:  “It is true that in the final months of 2019, “the US gradually moved into being a net exporter of crude and products,” he said, meaning the country exports more than it imports.”

“But the US is still importing 7 million barrels per day of crude and more than a million barrels of refined products,”

“United States is not yet strictly speaking energy independent”

 

Conclusion:  If you perform an Internet search to find out if this newspaper is biased or not you should discover that it is right leaning.  From this posting example, one might also draw the conclusion that this newspaper is allegedly dishonest at a time in our history that we really need clarity and honesty.

 

 

Posted November 2, 2020

‘Nodding woman’ At Trump Town Hall, October 16, 2020

‘Nodding woman’ At Trump Town Hall, October 16, 2020

This entry is part 8 of 13 in the series Donald Trump

During the Trump town hall TV interview there was a women who was positioned behind Trump on his left side and camera right who used head and hand gestures to support Trumps’s statements.  I accuse NBC for allowing this to happen.  It sort of makes the network look to be in favor of Trump.  The producer was at fault for placing this person in the image.  I fault the director for not asking the camera person to move his or her camera so that this person would not be seen.  I fault the camera person for not taking self action.   Is now NBC following FOX “News” bias?

 

https://www.cnn.com/videos/politics/2020/10/16/mayra-joli-trump-town-hall-nodding-woman-keilar-sot-crn-vpx.cnn

 

 

 

Posted October 17, 2020