On November 9, 1923, Nazi Party Fuhrer Adolf Hitler tried to overthrow the government in Munich, Bavaria.
About 2,000 Nazis marched to the center of Munich, where they confronted heavily-armed police. A shootout erupted, killing 16 Nazis and four policemen.
Hitler was injured during the clash, but managed to escape. Two days later, he was arrested and charged with treason.
Put on trial, he found himself treated as a celebrity by a judge sympathetic to Right-wing groups. He was allowed to brutally cross-examine witnesses and even make inflammatory speeches.
At the end of the trial, he was convicted of treason and sentenced to five years’ imprisonment.
Serving time in Landsberg Prison, in Bavaria. he was given a huge cell, allowed to receive unlimited visitors and gifts, and treated with deference by guards and inmates.
Hitler used his time in prison to write his infamous book, Mein Kampf-–“My Struggle.” Part autobiography, part political treatise, it laid out his future plans—including the extermination of the Jews and the conquest of the Soviet Union.
Adolf Hitler leaving Landsberg Prison, December, 20, 1924
Nine months later, he was released on parole—by authorities loyal to the authoritarian Right instead of the newly-created Weimar Republic.
Hitler immediately began rebuilding the shattered Nazi party—and deciding on a new strategy to gain power. Never again would he resort to armed force. He would win office by election—or intrigue.
Writes historian Volker Ullrich, in his monumental new biography, Hitler: Ascent 1889 – 1939: “Historians have perennially tried to answer the question of whether Hitler’s rise to power could have been halted….
“There were repeated opportunities to end Hitler’s run of triumphs. The most obvious one was after the failed Putsch of November 1923. Had the Munich rabble-rouser been forced to serve his full five-year term of imprisonment in Landsberg, it is extremely unlikely that he would have been able to restart his political career.”
Thus, it isn’t just what happens that can influence the course of history. Often, it’s what doesn’t happen that has at least as great a result.
Future historians—if there are any—may one day write that it’s what didn’t happen that played at least as great a role in electing Donald Trump President as what actually did.
There were at least four instances where intervention by Federal law enforcement authorities could have utterly changed the outcome of the 2016 election.
Donald Trump
Case #1: The Justice Department did not indict Trump and/or the Attorney Generals of Texas and/or Florida for their roles in the Trump University scandal.
- Florida Attorney General Pam Bondi personally solicited a political contribution from Donald Trump around the same time her office deliberated joining an investigation of alleged fraud at Trump University and its affiliates.
- After Bondi dropped the Trump University case against Trump, he wrote her a check $25,000 for her re-election campaign. The money came from the Donald J. Trump Foundation.
- Republican Texas Attorney General Ken Paxton moved to muzzle a former state regulator who says he was ordered in 2010 to drop a fraud investigation into Trump University for political reasons.
- Paxton’s office issued a cease and desist letter to former Deputy Chief of Consumer Protection John Owens after he made public copies of a 14-page internal summary of the state’s case against Donald Trump for scamming millions from students of his now-defunct real estate seminar.
- After the Texas case was dropped, Trump cut a $35,000 check to the gubernatorial campaign of then attorney general and now Texas Governor Greg Abbott.
One attorney general who refused to accept money from Trump was New York’s Eric Schneiderman. His decision to press fraud claims against Trump forced the real estate mogul to settle the case out of court for $25 million.
“Today’s $25 million settlement agreement is a stunning reversal by Donald Trump,” said Schneiderman on November 18, “and a major victory for the over 6,000 victims of his fraudulent university.”
There have been no press reports that the Justice Department investigated these cases to determine if Trump violated the Racketeer Influenced Corrupt Organizations (RICO) Act statutes.
If the Justice Department did not investigate these cases, it should have. And if he did violate the RICO statutes, he should have been indicted, even as a Presidential candidate or President-elect.
Even if an indictment had not produced a conviction, the mere bringing of one would have cast an unprecedented cloud over his candidacy–let alone his being sworn in as President.
Case #2: The Justice Department did not indict Trump for his series of threats that he made—directly and indirectly—against Republicans and Democrats throughout the 2016 campaign.
- On March 16, he warned Republicans that if he didn’t win the GOP nomination in July, his supporters would literally riot: “I think you’d have riots. I think you would see problems like you’ve never seen before. I think bad things would happen. I really do. I wouldn’t lead it, but I think bad things would happen.”
- An NBC reporter summed it up as: “The message to Republicans was clear on [March 16]: ‘Nice convention you got there, shame if something happened to it.'”
- That Republicans clearly saw this as a threat is undeniable. Paul Ryan, their Speaker of the House, said on March 17: “Nobody should say such things in my opinion because to even address or hint to violence is unacceptable.”
- And Ohio governor and Republican presidential candidate John Kasich chinned in. “Leaders don’t imply violence,” Kasich told “Face the Nation” on March 20. “When he says that there could be riots, that’s inappropriate. I think you understand that, okay? Secondly, while we have our differences and disagreements, we’re Americans. Americans don’t say, ‘Let’s take to the streets and have violence.'”

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WHY TRUMP WON: WHAT DIDN’T HAPPEN: PART TWO (OF THREE)
In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 3, 2017 at 12:01 amThreatening his Republican and Democratic opponents with violence played a major role in Donald Trump’s campaign for President.
No other candidate—Republican or Democrat—had ever made such repeated and brutal use of threats of physical assault in pursuing the Presidency.
Making threats against anyone under protection by the U.S. Secret Service is a felony. Yet Donald Trump was never held legally accountable by the Justice Department.
Threats of this type continued to be made by Trump supporters right up to the day of the election.
Even Fergus Cullen, former chairman of the New Hampshire GOP, expressed fear of what might happen if Trump lost the election:
Fergus Cullen
“That’s really scary,” Cullen said, recounting the violence at Trump rallies around the country leading up to the Republican National Convention. “In this country, we’ve always had recriminations after one side loses. But we haven’t had riots. We haven’t had mobs that act out with violence against supporters of the other side.
“There’s no telling what his supporters would be willing to do at the slightest encouragement from their candidate,” he said.
Trump even began encouraging his mostly white supporters to sign up online to be “election observers” to stop “Crooked Hillary from rigging this election.” He urged them to act as poll watchers in “other” [non-white] communities to ensure that things are “on the up and up.”
Many of his supporters promised to do so.
“Trump said to watch your precincts. I’m going to go, for sure,” said Steve Webb, a 61-year-old carpenter from Fairfield, Ohio.
“I’ll look for…well, it’s called racial profiling. Mexicans. Syrians. People who can’t speak American,” he said. “I’m going to go right up behind them. I’ll do everything legally. I want to see if they are accountable. I’m not going to do anything illegal. I’m going to make them a little bit nervous.”
Knowing that large numbers of angry—and possibly armed—Right-wingers planned to descend on polling places could only have had a chilling effect on untold numbers of Democratic voters. And this would have been especially true in heavily conservative states.
Both the USA Patriot Act and the Racketeer Influenced Corrupt Organizations (RICO) Act have statutes dealing with making terrorist threats against government institutions to influence their members.
President George W. Bush signing the USA Patriot Reauthorization Act of 2005
If Trump’s remarks did not violate one or both of those laws, certainly remarks made by his surrogates did.
Thus, the Justice Department could have cited the Patriot Act in indicting Trump and/or any number of his followers for “activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”
The Justice Department could have also demanded that the results of the election be invalidated on the basis that widespread voter and candidate intimidation played a massive role in it.
But of course this did not happen.
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