Update no.1127

Update from the Sunland

No.1127

14.8.23 – 20.8.23

Blog version:  http://heartlandupdate.blogspot.com/

 

To all,

 

Fulton County [Georgia] District Attorney Fani Taifa Willis filed a grand jury indictment charging [the person who shall no longer be named] plus 18 other co-conspirators with felonious criminal charges under Georgia state law—Georgia v. Trump {+18 others}[GA FCSpC Case no. 4:23-mj-01602 (2023)]. The indictment lists the 19 conspirators and the specific counts they are charged with as:

DONALD JOHN TRUMP – Counts 1, 5, 9, 11, 13, 15, 17, 19, 27-29, 38-39 {former U.S. president; liar; conman; grifter; huckster; snake-oil salesman}

RUDOLPH WILLIAM LOUIS GIULIANI – Counts 1-3, 6-7, 9, 11, 13, 15, 17, 19, 23-24 {attorney, former U.S. attorney for Southern District of New York; former mayor of NYC; liar}

JOHN CHARLES EASTMAN – Counts 1-2, 9, 11,13, 15, 17, 19, 27 [attorney, constitutional law professor]

MARK RANDALL MEADOWS – Counts 1, 28 {politician; former White House chief of staff; former U.S. representative}

KENNETH JOHN CHESEBRO – Counts 1, 9, 11, 13, 15, 17, 19 [attorney]

JEFFREY BOSSERT CLARK – Counts 1, 22 {attorney, former U.S. assistant attorney general}

JENNA LYNN ELLIS – Counts 1-2 {attorney; senior legal adviser for Trump and his 2020 re-election campaign}

RAY STALLINGS SMITH III – Counts 1-2, 4, 6, 9, 11, 13, 15, 17, 19, 23, 25 {attorney; Trump attorney of record in Georgia}

ROBERT DAVID CHEELEY – Counts 1, 9, 11, 13, 15, 17, 19, 23, 26, 41 [attorney; legal advisor to the Trump re-election campaign]

MICHAEL A. ROMAN – Counts 1, 9, 11, 13, 15, 17, 19 {political operative; special assistant to the president; Trump re-election campaign director}

DAVID JAMES SHAFER – Counts 1, 8, 10, 12, 14, 16, 18, 40 {politician; Georgia GOP chair}

SHAWN MICAH TRESHER STILL – Counts 1, 8, 10, 12, 14, 16, 18 {politician; member, Georgia Senate; posing as a qualified elector}

STEPHEN CLIFFGARD LEE – Counts 1, 20-21, 30-31 {pastor}

HARRISON WILLIAM PRESCOTT FLOYD – Counts 1, 30-31 {AKA Willie Lewis Floyd III; director of Black Voices for Trump}

TREVIAN C. KUTTI – Counts 1, 30-31 {Chicago-based publicist}

SIDNEY KATHERINE POWELL – Counts 1, 32-37 {}

CATHLEEN ALSTON LATHAM Counts 1, 8, 10, 12, 14, 32-37 {teacher; fraudulent elector}

SCOTT GRAHAM HALL – Counts 1, 32-37 {Atlanta-based bail bondsman}

MISTY HAMPTON AKA EMILY MISTY HAYES – Counts 1, 32-37 {unkown, but presumed to be another fraudulent elector}

Please note how many of the conspirators are lawyers. The indictment also refers to 30 unindicted co-conspirators, some or all of which may well be indicted and tried in separate proceedings. The charging counts [FYI: O.C.G.A. = Official Code of Georgia Annotated, i.e., Georgia state law] are:

1 – VIOLATION OF THE GEORGIA RICO (RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS) ACT 
O.C.G.A. § 16-14-4(c)

2 -- SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER
O.C.G.A. §§ 16-4-7 & 16-10-1

3 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20

4 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20 

5 – SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER
O.C.G.A. §§ 16-4-7 & 16-10-1

6 – SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER
O.C.G.A. §§ 16-4-7 & 16-10-1

7 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20

8 – IMPERSONATING A PUBLIC OFFICER
O.C.G.A. § 16-10-23 

9 – CONSPIRACY TO COMMIT INIPERSONATING A PUBLIC OFFICER
O.C.G.A. §§ 16-4-8 & 16-10-23

l0 – FORGERY IN THE FIRST DEGREE
O.C.G.A. § 16-9-1(b)

11 – CONSPIRACY To COMMIT FORGERY 1N THE FIRST DEGREE
O.C.G.A. §§ 16-4-8 & 16-9-1(b) 

12 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20

13 – CONSPIRACY TO COMMIT FALSE STATEMENTS AND WRITINGS 
O.C.G.A. §§ 16-4-8 & 16-10-20 

14 – CRIMINAL ATTEMPT TO COMMIT FILING FALSE DOCUMENTS
O.C.G.A. §§ 16-4-1 & 16-10-20.1(b)(1)

15 – CONSPIRACY TO COMMIT FILING FALSE DOCUMENTS 
O.C.G.A. §§ 16-4-8 & 16-10-20.1(b)(1)

16 – FORGERY IN THE FIRST DEGREE 
O.C.G.A. § 16-9-1(b) 

17 – CONSPIRACY TO COMMIT FORGERY IN THE FIRST DEGREE
O.C.G.A. §§ 16-4-8 & 16-9-1(b)

18 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20

19 – CONSPIRACY TO COMMIT FALSE STATEMENTS AND WRITINGS
O.C.G.A. §§ 16-4-8 & 16-10-20

20 – CRIMINAL ATTEMPT TO COMMIT INFLUENCING WITNESSES
O.C.G.A. §§ 16-4-1 & 16-10-93(b)(1)(A)

21 – CRIMINAL ATTEMPT TO COMMIT INFLUENING WITNESSES
O.C.G.A. §§ 16-4-1 & 16-10-93(b)(1)(A)

22 – CRIMINAL ATTEMPT TO COMMIT FALSE STATEMENTS AND WRITINGS
O.C.G.A. §§ 16-4-1 & 16-10-20

23 – SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER
O.C.G.A. §§ 16-4-7 & 16-10-1

24 – FALSE STATENIENTS AND WRITINGS
O.C.G.A. § 16-10-20

25 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20 

26 – FALSE STATEMENTS AND WRITINGS 
O.C.G.A. § 16-10-20

27 – FILING FALSE DOCUMENTS
O.C.G.A. § 16-10-20.1(b)(1)

28 – SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER
O.C.G.A. §§ 16-4-7 & 16-10-1

29 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20

30 – CONSPIRACY TO COMMIT SOLICITATION OF FALSE STATEMENTS AND WRITINGS
O.C.G.A. §§ 16-4-8, 16-4-7 & 16-10-20

31 – INFLUENCING WITNESSES
O.C.G.A. § 16-10-93(b)(1)(A)

32 – CONSPIRACY TO COMMIT ELECTION FRAUD
O.C.G.A. §§ 21-2-603 & 21-2-566

33 – CONSPIRACY TO COMMIT ELECTION FRAUD
O.C.G.A. §§ 21-2-603 & 21-2-574

34 – CONSPIRACY TO COMMIT COMPUTER THEFT
O.C.G.A. §§ 16-4-8 & 16-9-93(a)

35 – CONSPIRACY TO COMMIT COMPUTER TRESPASS
O.C.G.A. §§ 16-4-8 & 16-9-93(b)

36 – CONSPIRACY TO COMMIT COMPUTER INVASION OF PRIVACY
O.C.G.A. §§ 16-4-8 & 16-9-93(c)

37 – CONSPIRACY TO DEFRAUD THE STATE 
O.C.G.A. § 16-10-21

38 – SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER
O.C.G.A. §§ 16-4-7 & 16-10-1

39 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20

40 – FALSE STATEMENTS AND WRITINGS
O.C.G.A. § 16-10-20

41 – PERJURY
O.C.G.A. § 16-10-70(a)

Willis used the first 71 pages to lay out the specifics of the racketeering charge (Count 1, 161 defined distinct acts) against all of the 19 defendants. The RICO statute was originally intended to prosecute Mafia crime bosses; quite appropriate to be used against [the person who shall no longer be named] and his acolytes, it seems to me. The last sentence of the indictment’s brief introduction states, “That conspiracy contained a common plan and purpose to commit two or more acts of racketeering activity in Fulton County, Georgia, elsewhere in the State of Georgia, and in other states.” If he is convicted under that charge alone, it carries a minimum of five years in prison (with a maximum of 20 years of confinement).

Oddly, Willis has not (yet) cited the infamous telephone call on Saturday, 2.January.2021 between [the person who shall no longer be named] and Georgia Secretary of State Bradford Jay ‘Brad’ Raffensperger, where Tiny said: “So look. All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.” Nonetheless, it will be interesting to see how this case plays out.

The defendants were given until Friday, 25.August.2023 to surrender for booking. This booking process may be different from Tiny’s previous three criminal procedures given the promise of no deference to any of the defendants, including Tiny. We may get the first mug shot of Tiny . . . not that I care a hoot to see such a thing. If they do a mug shot, it would be quite appropriate to put him in an orange jumpsuit.

 

In a separate but related thread, we have the following exchange with a long-time friend and frequent contributor to this humble forum.

The initial message:

“[T]rust I’m not boring you with all this palaver Cap-just thought you would wish to know what the world thinks about this mess which will not go away very quickly.”

with this URL:

https://www.bbc.co.uk/news/world-us-canada-66508259

My reply:

Nope; absolutely not. I always appreciate the other views.

I'm reading the latest indictment from Georgia and expect to report in this week's Update. Interesting, the district attorney (grand jury) is charging [the person who shall no longer be named] plus 18 other co-conspirators with felonious criminal charges under Georgia state law that were originally intended to prosecute Mafia crime bosses; quite appropriate, it seems to me. If he is convicted under that charge alone, it carries a minimum of five years in prison (with a maximum of 20 years of confinement).

Round two:

“My God Cap, what a mess this man has made of democracy.”

My reply to round two:

Yeah, exactly. Quite sad. But this is what we get when we are complacent about voting. I forecast this disaster (not in detail but in general) eight years ago. This is what happened with malignant narcissism coupled with unchecked egocentrism and a paucity of any appreciation of history.

Round three:

“How can you stop complacency? Even now this individual is gaining in popularity amongst forthcoming deciders. Even should he go behind bars he will still have supporters. Is it possible you may change your rules as far as previous Presidents reapplying for another spell in the White House?

“OK bud always good to read your views.”

My reply to round three:

My advocacy for a sense of obligation and duty has been resoundingly unsuccessful . . . except for our children and grandchildren. As others have espoused, an inspirational leader and a clear message for the future would be a good stimulus. In our current predicament, concern for the extension of the destruction, chaos, and divisiveness wrought by [the person who shall no longer be named] might be sufficient motivation to vote. Perhaps not! Tiny’s supporters are a minority; they know it, and they vote. Their motivation to vote is driven by their fear of being relegated into deeper minority status. So, from my perspective, the question is, do we allow that motivated minority to decide the election. That minority is also the worst, most serious threat to democracy, to our election process, and to the very structure of our form of governance that has survived 235 years of challenges, scandals, and assault, we have yet experienced. The MAGA bunch in all its variations is a willful, determined minority that must never again be underestimated . . . as I did in 2016. I am sounding the clarion call!

As far as changing the rules, the correct answer is, that potential is always possible in a democracy. Personally, I think it is highly unlikely since a change of tenure for a president would take a federal constitutional amendment. We saw that minority in action in Ohio’s recent referendum generation and vote [1126].

All of these state and federal criminal and civil court cases against [the person who shall no longer be named] on top of a presidential election campaign will add even more chaos, especially with the contribution of the threat of MAGA acolyte violence that has already begun. It is going to be a crazy couple of years. We need to strap in and hang on.

Round four with an additional article:

“Of interest Cap.”

The article URL:

Why is Trump desperate to move the Georgia trial to federal court? | Donald Trump | The Guardian

https://www.theguardian.com/us-news/2023/aug/17/trump-georgia-indictment-trial-move-federal-court

My reply to round four:

Yes, of interest, and quite appropriate. The answer to the question is more complex and deeper than the article presents, but it is spot on accurate to my knowledge.

 

A Texas woman identified as Abigail Jo Shry, 43, faces a charge of transmitting a threat to injure a person via interstate commerce—USDC TX SD Case no. 4:23-mj-1602 (2023). This is the substantive paragraph copied directly from the court document filed on 11.August.2023:

“On August 5, 2023, at approximately 7:51 P.M., a call was received in the chambers of District of Columbia United States District Judge Tanya Chutkan. According to caller identification on the Judge's phone, the call came from phone number (832) 537-2180. The caller's introduction stated, ‘Hey you stupid slave nigger,’ after which the caller threatened to kill anyone who went after former President Trump, including a direct threat to kill Congresswomen Sheila Jackson Lee, all democrats in Washington D.C. and all people in the LGBTQ community. The caller further stated, ‘You are in our sights, we want to kill you,’ and ‘We want to kill Sheila Jackson Lee.’ ‘If Trump doesn't get elected in 2024, we are coming to kill you, so tread lightly,·bitch.’ The caller continued with their threats, stating, ‘You will be targeted personally, publicly, your family, all of it.’”
[redaction mine]

Shry is not alone. I expect her to remain in custody and face a speedy trial with appropriate incarceration as a consequence of her felonious crime. She represents far too many of that element of the MAGA bunch—prepared to use violence to impose their will, their choices, their beliefs, their views on everyone. Let us never forget or descend into complacency or apathy again. Semper vigilantis!

 

The malignant narcissism of [the person who shall no longer be named] has raised numerous constitutional questions. The latest is whether he is or should be disqualified to run for or hold any governmental office at any level by virtue of his instigation and encouragement of the January 6^th insurrection [991]. The basis of the current question is the 14^th Amendment to the Constitution of the United States of America.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

[The person who shall no longer be named] qualifies under §3 as an “officer of the United States” who has “previously taken an oath” [to support and defend the Constitution]. What is missing from all 91 felonious criminal charges on him so far is specific charge of engaging in an “insurrection,” as other criminals that day were charged. The Georgia RICO charge noted above comes the closest but does not satisfy the §3 requirement to disqualify him. Further, §3 raises numerous legal questions, e.g., what is the meaning of the word “engaged.” Regardless of the reach of “engaged,” I cannot imagine the framers of §3 intended for the provision to be enforced on an accusation, a hunch, or an opinion, which means the perpetrators are entitled to due process of law, including Tiny. Since the enforcement provisions are not specified in the Constitution or in common law. Even by my naïve lay perspective, I cannot imagine §3 being invoked or enforceable with trial and conviction under 18 U.S.C. § 2383 (the insurrection statute) in a court of law. Thus, since § 2383 has not yet been enforced on Tiny, the Judiciary is likely to interpret §3 as un-enforceable. I suspect that trying to impose §3 without conviction under 18 U.S.C. § 2383 is a very long waste of time and effort. Further, I suspect it is too late for a trial and conviction of [the person who shall no longer be named] before the 2024 election, which in turn means, we will have to deal with the potential of a convicted and potentially imprison felon being elected president. The possibility of such an ugly scenario raises a whole new spectrum of constitutional questions. This whole fiasco is going to get much uglier before we see improvement.

 

Comments and contributions from Update no.1126:

“Thanks Cap. Currently negotiating with a local gliding club to book some flying – birthday present to be used, should be good-been along time since I went solo!”

My reply:

I hope and trust you are successful in booking some gliding time. Glider flying was a mandatory skill during our test pilot school training. I enjoyed every moment in the air in the school’s gliders. Good luck and enjoy every second you can manage.

 

Comment to the Blog:

“People often go to jail for violating protective orders. Tiny could be one of them, especially with his history re Stormy Daniels.

“I’ll note that we stopped the referendum here in Ohio and the percentage of ‘yes’ votes almost exactly matches the number you gave for registered Republican voters.

“Hunter Biden’s transgressions remain trivial compared to the Supreme Court’s failings or various others.”

My response to the Blog:

Precisely! He is already pressing his luck. A good three or four days in jail for contempt of court might sober him up a little.

FYI: I am reading the Georgia indictment as we speak. The DA is charging him (and others) under the RICO statute which carries a minimum of five years in prison with a maximum of 20 years in prison [the first instance where he is facing minimum prison time, to my knowledge].

Yeah, I noted that as well, although we have no way of making the connection. I am just glad that saner minds prevailed in Ohio. We have many more states yet to defend.

“Various others” . . .  including primarily [the person who shall no longer be named]. What remains puzzling and curious to me is Hunter Biden paid his back taxes and penalties to clear that burden, so what are they going to charge him with—being the president’s son or being a bonehead? All that aside, if he violated other laws, e.g., failing to register as a foreign agent, then he must be prosecuted and punished appropriately if convicted.

 

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                  :-)