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crime and punishment election law partisanship

Threshold Crossed

We’ve seen many sad days for our republic. But now the country has crossed a certain horrible threshold of banana-republic-hood.

Guided by a corrupt judge, a New York City jury has found former President Trump guilty of all 34 of the District Attorney Alvin Bragg’s bogus charges. Something or other to do with Stormy Daniels, an alleged affair, paying off an extortionist, federal election laws, and bookkeeping.

With Trump targeted by so many show trials launched solely to punish his ascendancy and prevent his reelection, chances were that at least one of these elephantine efforts would extract a conviction. Even people lousy at darts hit the dartboard sooner or later if they throw a thousand darts.

As Katie Pavlich notes, during the trial prosecutors didn’t “focus on proving the fraud charges” but on “hush-​money payments” and “irrelevant salacious details of an alleged affair.” Who needs a definable crime when Being Trump is crime enough?

The verdict made one reader at Instapundit “realize just how dependent the Democrats have become on appearing legitimate. Where there is no substance, form must take precedence. [So we’re] offered oppression as ‘democracy’ and Stalinist show trials as ‘justice.’”

There are so many irregularities in the charges and the conduct of the trial that the verdict is bound to be overturned on appeal.

By some court. Somewhere. No?

But the damage has been done. The worst politicos and operators are now high-​fiving each other, little caring about implications and long-​range effects. As if they cannot see the next step. 

As if they cannot see they are behaving like the caciques of a banana dictatorship.

This is Common Sense. I’m Paul Jacob.


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So Low

“I have to admit: none of this is playing out like I thought it would,” Fareed Zakaria told viewers of his CNN program last weekend.

“Trump is now leading in almost all the swing states,” Zakaria noted, adding that he is “someone worried about the prospects of a second Trump term.”

The host’s opening monologue on Fareed Zakaria: GPS went on, complaining that, “The trials against [Trump] keep him in the spotlight, infuriate his base — who see him as a martyr and even may serve to make him the object of some sympathy among people in general who believe that his prosecutors are politically motivated.”

Leave it to the Democrats to turn Mr. Trump into a sympathetic figure … with Zakaria then agreeing that these prosecutions are politically motivated.

“This happens to be true, in my opinion. I doubt the New York indictment would have been brought against a defendant whose name was not Donald Trump.”

And Fareed is not alone, even at CNN, where Elie Honig also acknowledged that, had the prosecution been brought in a less rabidly Democrat area than New York City, “there’s no chance of a conviction.”

No statement is more compelling in a court of law than what is known as a statement against interest, the admission of facts that do not serve the person so conceding or that person’s side. That’s what we now witness … as even CNN commentators recognize that the former president is being politically railroaded.

No one is above the law. That phrase loses some punch, however, when “the law” sinks so low.

This is Common Sense. I’m Paul Jacob.


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ideological culture partisanship political challengers

Among the Ungovernable

What is the Libertarian Party up to in inviting former President Donald John Trump to address the party’s upcoming national convention?

The goal of this “third party” may be crystalline in its clarity — a free society as understood by Libertarians — but how this can be achieved by running candidates for office in Partisan Duopoly America is murky at best. The number of self-​identified libertarians in the country is small, though polling in the 1990s suggested that about a quarter of the population is of a general libertarian mindset: minimal government; private property; personal freedom as the tolerant community’s ideal; individual responsibility as the chief form of social regulation.

The difference between a self-​identified Libertarian and a libertarian-​ish citizen at large can be huge, in some ways: no taxes versus lower taxes, for example. These positions play dramatically differently, of course, in elections where most voters are not libertarian at all.

The 2024 convention will be held May 23 – 26 in Washington, D.C. (of all places). And Donald Trump (of all people) has accepted the invitation to speak (offered to both he and President Biden). The party is shilling registrations for the event by telling prospects that only registered attendees will be able to cast their votes to establish “the topics President Trump will address during his time at the podium.”* 

As a newsworthy event, this is one of the party’s best stunts. The very idea of inviting the presumptive Republican nominee to speak is … weird. And, therefore, newsworthy. It might make for an apocalyptic event — encompassing every meaning of “apocalyptic.”

The convention itself is titled, in traditionally flagrant Libertarian fashion, “Become Ungovernable.” While Libertarians mean this slogan in a good (and peaceful) way, its ambiguity and alarming nature is one of many reasons Libertarians get low vote totals. 

Trump addressing Libertarians could suggest a more negative interpretation of “ungovernable.”

This is Common Sense. I’m Paul Jacob.


* Good luck with that.

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Hypocrisy’s Cash Value

“If these corrupt Democrats didn’t have HYPOCRISY,” the Republican National Committee explained, “they’d have NOTHING!”

After months of Biden surrogates savaging former President Donald Trump for the dastardly deed of using campaign monies to cover his mounting legal fees from the plethora of trumped-​up indictments brought by partisan Democratic prosecutors, it turns out the Democrats have been doing the same thing.

The BBC noted: “Democratic donors paid at least $1.7m (£1.35m) of U.S. President Joe Biden’s legal fees during the investigation into his handling of classified documents, records show.”

“We are not spending money on legal bills or hawking gold sneakers,” Rufus Gifford, finance chair of the Biden campaign, told MSNBC only days before the news broke.

Highly questionable that Biden could sell anyone a sneaker, but the other claim was a provable lie.

“The use of party funds to cover Biden’s legal bills is not without precedent and falls within the bounds of campaign finance law,” the Associated Press article quickly informed, before adding that it “could cloud Biden’s ability to continue to hammer former President Donald Trump over his far more extensive use of donor funds to cover his legal bills.”

How unfortunate! The hypocrisy could ruin the piling on by Democrats.

“Democrats say the cases are nothing alike,” The Washington Post reported.

“There is no comparison,” offered a Democratic National Committee spokesman. “The DNC does not spend a single penny of grass-​roots donors’ money on legal bills, unlike Donald Trump, who actively solicits legal fees from his supporters …”

Let’s get this straight: the difference is that Trump is upfront in asking his middle-​class supporters for help, while Biden’s money came surreptitiously from wealthy Democrats?

This must be the proverbial dime’s worth of difference between the parties.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom

Richly Revealing

There is something rich in the latest gag order placed on Mr. Trump.

“Former President Donald Trump on March 27 criticized the New York judge overseeing his ‘hush money’ case and criticized the judge’s daughter,” explains Jack Phillips of The Epoch Times, “just hours after the judge handed down a gag order against him.”

Richly … ironic? 

Apt? 

Idiotic?

“This Judge,” the former president wrote on his own social media site, “by issuing a vicious ‘Gag Order,’ is wrongfully attempting to deprive me of my First Amendment Right to speak out against the Weaponization of Law Enforcement, including the fact that Crooked Joe Biden, Merrick Garland, and their Hacks and Thugs are tracking and following me all across the Country, obsessively trying to persecute me, while everyone knows I have done nothing wrong!”

To them, Orange Man’s very existence is “wrong,” and the thing they most want is Trump to shut up. So, in the course of a trial upon a subject combining campaign finance regulations with more prurient interests, a judge gagging the defendant from speaking in public about his prosecutors is … well, convenient. For them. 

The prosecution is arguably an attempt to silence Trump; gag orders remove doubt. And allow the Empire State to exact the punishment before the trial concludes.

The prosecutors and politicians and major media propagandists who are aghast at Trump’s charges aren’t exactly saying that what Trump says about the judge’s daughter (that she “represents Crooked Joe Biden, Kamala Harris, Adam ‘Shifty’ Schiff, and other Radical Liberals”) is false

They object … because … what he says makes them look bad.

And what they are trying to do is make Trump look bad.

Just rich. 

With meaning. 

More philosophically minded folks say we have a crisis of meaning these days. I don’t know. I see meaning everywhere!

But it’s not always meaning we like.

This is Common Sense. I’m Paul Jacob.


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Caveat Preemptive

Were Donald J. Trump an exemplar of strict Kantian honesty; had he a reputation for exactitude about his achievements and acumen; if hyperbole had not become his own very public modus — then, and only then, would the near half a billion judgment against him make even a modicum of sense.

But the former U.S. president and infamous branding entrepreneur is and has always been known to be something of a b.s. artist. No one has excuse to take what he says literally. Business partners and all who make deals with Trump should do their own diligence. Their watchword should be: caveat emptor.

Yet, last week, New York State regulators and prosecutors bent over backwards to find Trump guilty. “On Friday, New York County Supreme Court Justice Arthur Engoron ordered Donald Trump to pay a staggering $355 million for repeatedly inflating asset values in statements of financial condition submitted to lenders and insurers,” explains Jacob Sullum of Reason. “When the interest that Engoron also approved is considered, the total penalty rises to $450 million. All told, Trump and his co-​defendants, including three of his children and former Trump Organization CFO Allen Weisselberg, are on the hook for $364 million, or about $464 million with interest.”

That is a lot of money to protect other businesses from Trump’s characteristic exaggerations, which so appalled the court. But not any of the banks Trump did business with.

No one has been harmed, for Trump repaid all the loans.

There is no victim — making Trump the biggest-​name victim of victimless crime prosecution of all time.

We, the people, know that “honesty is the best policy” is not standard business practice, and that Trump doesn’t always follow it. But we are also not demanding that our governments insert themselves into every successful transaction looking for fibs and fakery.

That would be a recipe for selective prosecution.

Which is just what this case is: selective prosecution of a political opponent.

This is Common Sense. I’m Paul Jacob.


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Enthusiasm for Extremism in Action

She insists it’s about the rule of law. And not political. Not in any way.

“Maine Secretary of State Claims Politics Played ‘No Role’ in Booting Trump Off Ballot,” is how The Epoch Times headlined the story.

Secretary of State Shenna Bellows has unilaterally barred former President Donald Trump from the Maine presidential primary ballot. As in the Colorado case, the excuse rests with the January 6, 2021, protest rally and mob entrance into the capitol building. She says that “the weight of evidence” she “reviewed indicates that it was an insurrection.” 

Knowing what real insurrections are, and what words mean, and the long history of protests that get out of hand, including in recent times, most non-​partisan people, as well as all Trump supporters, must conclude just the opposite: no insurrection was even attempted.

Bellows may actually believe that the January 6 events constituted an insurrection, that her job allows her to do what has never been done in American history, and that this would be good for the nation.

On the insurrection issue, she and Democrats rely upon motivated reasoning. People worked up in a cause can believe almost anything that would aid the cause. Still, the common-​sense guess is that almost no one really believes her … but of course her Democratic comrades must pretend.

On the scope of her position, prudence would usually steer a partisan such as herself away from doing such a radical thing.

On the good of the nation, the clear hyperpartisan appearance would exacerbate tensions around the country, widening the divide into a chasm.

What may really be in evidence, though, is that leftists are mimicking the radicalism of the pandemic lockdowns, driven by the sheer frenzy of their vision of themselves as embodiments of righteousness … always to exercise arbitrary power.

An enthusiasm that spreads virally. As a mania. 

Thus does extremism work.

This is Common Sense. I’m Paul Jacob.


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Democratic Mountain High

How to spark a civil war?

“A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot,” wrote David Knowles for Yahoo News. This will, of course, induce a “showdown in the nation’s highest court to decide whether the front-​runner for the GOP nomination can remain in the race.”

The idea — half plausible, I suppose — is that President Trump’s actions on January 6 spurred an insurrection attempt, therefore he is ineligible to run for any federal office.

But emphasize the half-​plausible, since, no matter how often Democrats repeat it, the rally-​turned-​mini-​riot-​turned-​incursion into the Capitol Building did not amount to anything like an insurrection. Capitol Hill interlopers on January 6 were neither prepared nor demonstrating a plan to overthrow the peaceful succession of power. 

They certainly didn’t try to take over the government.

Nor has Mr. Trump been convicted of any such thing.

But, as we all know, this is a controversial matter falling mostly on partisan lines (the Colorado State Supreme Court being made up entirely of Democratic appointees) … which makes interpretation of the third section of the 14th Amendment rather tricky.

The state-​by-​state lawsuits have been sponsored by progressive interest groups trying, desperately, to stop Donald Trump from pulling off a Grover Cleveland: returning to office after a fluke one-​term “pause.”

Yet, even if the Supreme Court balks at putting down this too-​clever-​by-​half-​plausible scheme, the best Democrats could hope for is preventing Trump from running in blue states with blue courts. Trump might still win despite not being on some state ballots. 

Or lose in an election obviously rigged because he is barred. 

A recipe for deep distrust, resentment and anger.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights judiciary

Untruth Speaker, Untruth Speaker

“You can’t call anyone a liar?” Judge Patricia Millett asked federal prosecutors, “with a tone of incredulity,” according to The Washington Post report.

Millett, along with Judges Cornelia T.L. Pillard and Bradley Garcia, serves on the three-​judge panel of the federal Court of Appeals for the D.C. Circuit. This week they devoted two hours to the appeal of a federal district judge’s gag order placed on former president Donald Trump.

Under Millett’s questioning, federal prosecutor Cecil VanDevender agreed that under the order Mr. Trump could say that someone testifying against him was “an untruth speaker” but not call that person a “liar.”

“He has to speak ‘Miss Manners’ while everyone else is throwing targets at him?” inquired Judge Millett. “It would be really hard in a debate, when everyone else is going at you full bore.”

She noted that the First Amendment importantly protects inflammatory speech, adding with some exasperation: “Your position doesn’t seem to give much balance at all to the First Amendment’s vigorous protection of political speech.”

Trump’s attorney argued that the current leading Republican presidential candidate has taken advantage of the order’s stay, pending this appeal, by “posting about this case almost incessantly since the day it was filed and they haven’t come forward with a single threat that’s even arguably inspired by any evidence in his social media posts.”

The three-​judge panel, at least as The Post reads the hearing’s tea leaves, “indicated it may narrow the order prohibiting the former president from attacking individual prosecutors … or from calling potential witnesses against him ‘liars’ in the heat of next year’s campaign.”

It should. Unless the speech is specifically criminal it should be freely allowed. Orange Man should have the same rights we all rightly possess.

This is Common Sense. I’m Paul Jacob.


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Insane in the Meme Brain

Sane Republicans do exist, says Hillary Clinton. Even in the House of Representatives!

We know this because they voted to continue federal government operations by raising the debt limit. Or so Mrs. Clinton says. It’s just “common sense”!

Talking with Christiane Amanpour on CNN, last week, the former presidential candidate explained that these sane Republicans are “intimidated,” adding, “they oftentimes say and do things which they know better than to say or do.”

To get to common ground with these compromised GOP folks, however, the measures that intimidate them — while exciting their extremist, insane MAGA proponents — must be roundly defeated. 

No compromise.

In times past, our representatives in Congress could work together; but back then, argues the former First Lady, U.S. Senator, and Secretary of State, “there wasn’t this little tail wagging the dog of the Republican Party.”

That is, conservative representatives would kindly admit defeat every time the green light was given to more and more spending. Now they won’t cooperate.

It’s extremism, in Hillary’s judgment, to oppose the ceaseless growth of the warfare-​welfare state.

But, Hillary being Hillary, she had a corker to unleash. “Maybe at some point there needs to be a formal de-​programming of the cult members.”

Just like Mrs. Clinton to generously offer re-​education camps to her opponents.

Followed by an admonition: “we have to be smarter.”

How is it smart (or sane) to continually grow the federal debt, its mere service now larger than the defense budget?

By talking about formally deprogramming MAGA extremists Hillary Clinton skillfully deflects her supporters’ attention from the real need: informally deprogramming their own insane debt-​piling status quo mindset.

This is Common Sense. I’m Paul Jacob.


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