Thursday, August 20, 2020

Senate Intelligence Committee Report could set the foundation for a criminal prosecution of Trump for treason -- with states holding the "trump" card


Donald Trump and Roger Stone

The Senate Intelligence Committee Report (SICR) on Russian interference in the 2016 U.S. election, released Tuesday, could lay the foundation for criminal prosecutions at the highest levels of government -- including one against Donald Trump for treason, under 18 U.S.Code 2381 -- a lawyer source tells Legal Schnauzer.

The fact that this exhaustive report is led by the Republican U.S. Senate is devastating to Trump. His fate is now sealed, no matter what happens. Even if he "won" again, a lot of Americans are going to see him as so illegitimate that he cannot possibly last long at the White House. We have a traitor in the White House, that's for sure. . . .

Actually, and this is important: This new Republican-led U.S. Senate is EXHIBIT 'A' in a massive prosecution against Trump and others for criminal interference with the U.S. election in 2016. Also, this report is EXHIBIT 'A' in a criminal prosecution against Trump for treason.

Our source begins by noting the straightforward elements of treason:

Three key elements are necessary for an offense to constitute treason: an obligation of allegiance to the legal order, intent, and action to violate that obligation.

How could this be applied to Trump?

I would argue that Trump and his people acted in concert with Russia and Putin in an act of levying an undeclared war on the the United States and its democratic system by colluding to interfere with a U.S. presidential election and to help install Trump in the U.S. presidency so Trump could continue to harm the U.S. and give "aid and comfort" to Russia and Putin. Take, for example, what illegitimate president Trump did in one phone call to Saudi Arabia. Trump told Saudi Arabia that if the Saudis did not cease and desist from engaging in an oil-price war with Russia, that Trump would order all U.S. military out of the Saudi region, thereby leaving Saudi without sufficient military protection. This one act by Russian agent Donald Trump meant a huge, hundreds of billions, in benefits to Russia, Putin, and Putin's cadre of Russian oil billionaires.

I believe that any nation that seeks by subterfuge and stealth to undermine another nation's democratic elections is actually engaged in undeclared war on that nation. It's so frightening to understand that in the case of Trump, he and his campaign people actually acted in league and in concert with Putin and Russia in perpetrating an undeclared war on the election system of the United States, thereby causing Trump to be installed as U.S. president when, truth be known, Trump was not a legitimate winner of that election. It's just like Laurence Tribe explained, Trump only "won" by engaging in unlawful and criminal conduct to interfere with the U.S. election of 2016.

Our source adds details to the treason picture that probably are unknown to most Americans:

Also, any nation, such as Russia and Putin, that seeks to undermine our election system is acting as an "enemy" and Trump "adhered" to the "enemy" by working in concert with Russia and Putin.

Trump can pardon himself for treason, but states also have criminal treason laws. Any state in the U.S. could, based on the Republican-led report, file a state criminal treason charge against Trump et al. and sentence the convicted to death. Trump cannot pardon for state crimes. And, in fact, it would be a state crime for a U.S. citizen to collude with Russia to win the White House and then exercise the powers of the U.S. presidency to abuse and act unlawfully to those states for the 4 years that Trump has done so.

So, in other words, if Trump's collusion with Russia is shown, it not only constitutes treason under U.S. federal law, but it also constitutes treason under the criminal treason laws of the states.
Our source provides an example of how this might work:

Imagine Trump being criminally prosecuted for the crime of treason against the State of Oregon:

(1) A person commits the crime of treason if the person levies war against the State of Oregon or adheres to its enemies, giving them aid and comfort. (2) No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or upon confession in open court.

ORS 166.255 (1) - Oregon State Legislature

Finally, our source wonders about a "rest of the story" element to the SICR:

With this Republican-led U.S. Senate report, do the Senate Republicans know something that we don't? This is almost like that group of Republicans who went to Dick Nixon's White House and told Nixon flat-out that he was through and that if he didn't resign soon and skedaddle out of D.C., that Nixon would be impeached and convicted.

Suppose Trump were to "win" this 2020 election. Seems to me that next year, the House would impeach Trump again, based on this recently released report and the grounds for impeachment would be treason, etc., and colluding with Russians in 2016. How the hell could Republicans vote to save Trump's treasonous ass? This time, the Republicans vote him out and then they get the church-boy Pence as their president. Don't like the thought, but would relish Trump being out so he can start getting hit with all kinds of criminal prosecutions.

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