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SOME CRIMINALS ARE MORE FAVORED THAN OTHERS: PART TWO (END)

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on April 25, 2024 at 12:11 am

No well-ordered republic should ever cancel the crimes of its citizens by their merits….For if a citizen who has rendered some eminent service to the state should add to the reputation and influence which he has thereby acquired the confident audacity of being able to commit any wrong without fear of punishment, he will in a little while become so insolent and overbearing as to put an end to all power of the law.    

—Niccolo Machiavelli, “The Discourses”

When the Justice Department declared war on John Gotti, “Boss of all Bosses” of the most powerful Mafia family in the nation, no holds were barred. 

The FBI employed wiretaps, electronic bugs, informants, round-the-clock surveillance and pretrial detention against the so-called “Teflon Don.”

John Gotti

Now consider the DOJ’s approach to the criminality of former President Donald J. Trump.

On January 6, 2021, Trump incited thousands of his fanatical supporters to attack Congress, where Electoral College votes for the 2020 Presidential election were being counted.

About 140 police officers were assaulted; many lawmakers’ offices were vandalized; frightened lawmakers huddled in a barricaded room.

Yet Trump was allowed to remain in office for the next two weeks until the election’s victor—Joseph Biden—legally took office.

President Trump issues order to US Navy to 'destroy' any Iranian boats that 'harass' them at sea - ABC News

Donald Trump

Not until November 18, 2022, did Attorney General Merrick Garland appoint Jack Smith Special Counsel to prosecute Trump for his attempted coup.

To date, there is no evidence that the agency has employed wiretaps, electronic bugs and/or round-the-clock surveillance against Trump. Nor has Trump been held in pretrial detention as a continuing threat to democratic rule.

When Trump left the White House on January 20, 2021, he illegally took hundreds of highly classified documents—and stored them at his Mar-a-Lago estate in Palm Beach, Florida.

He then refused to return them when asked by the Justice Department—forcing the agency to send in an FBI force to retrieve them. 

In March, 2023, Trump threatened “death and destruction” if he were criminally charged in New York for making “hush money” payments to porn “actress” Stormy Daniels. Trump shared an image of himself threatening Manhattan District Attorney Alvin Bragg with a baseball bat on his Truth Social platform.

Trump threatens 'death and destruction' to Alvin Bragg

Not even Mafia bosses like Charles “Lucky” Luciano and Albert “The Executioner” Anastasia dared issue such a threat.

Yet Trump has not been arrested, let alone jailed, for an act that would have gotten anyone else charged with a felony.

Nor has Trump limited himself to attacking local New York authorities.

He has branded Jack Smith “a deranged lunatic” and “psycho” for indicting him for his theft of national security documents. He has also attacked Smith’s wife, Katy Gale Chevigny, thus exposing her to possible violence from his fanatical supporters.

Specifically: “His wife is a Trump Hater, just as he is a Trump Hater—a deranged ‘psycho’ that shouldn’t be involved in any case having to do with ‘Justice,’ other than to look at Biden as a criminal, which he is!”

Smith standing in front of flags, wearing a suit

Jack Smith

Trump’s attacks on Smith have led to an increase in security for the Special Counsel. Yet Smith has not moved to have Trump remanded to federal custody for actions that would have put anyone else behind bars.

History warns us of the consequences of allowing a ruthless dictator to pursue his goals with impunity.

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.

Nine months later, he was released on parole—by authorities loyal to the authoritarian Right instead of the newly-created Weimar Republic.

Image result for Images of Adolf Hitler outside Landsberg prison

 Adolf Hitler leaving Landsberg Prison, December, 20, 1924

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.” 

The democratic Weimar Republic of Germany (1919 – 1933) found itself menaced by ruthless Fascists, betrayed by its supposed allies, and defended by liberals unwilling to forcefully defeat its enemies. 

The same combination of forces is now on full display in the United States.

SOME CRIMINALS ARE MORE FAVORED THAN OTHERS: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 24, 2024 at 12:12 am

On December 11, 1990, FBI agents and NYPD detectives raided the Ravenite Social Club in Manhattan.          

They had arrest warrants for John Gotti, boss of the Gambino Mafia Family, and his two lieutenants: Sammy “The Bull” Gravano, his underboss, or second-in-command, and Frankie Locascio, his Consigliere, or adviser. 

Federal prosecutors charged Gotti with five murders, conspiracy to murder, loansharking, illegal gambling, obstruction of justice, bribery and tax evasion.

From the date of his arrest to the date of his conviction on all charges on April 2, 1992, Gotti remained in pre-trial detention at the Metropolitan Correctional Center in New York City.

Although he had never threatened prosecutors or judges, he had bribed juries and ordered the murders of gangland associates. The Justice Department considered him too dangerous to be allowed outside confinement.

Gotti had become boss of the Gambino Family in December, 1985—by arranging the execution of its then-boss, Paul “Big Paul” Castellano, on December 16.

Since then, he had moved his headquarters from Queens to the Ravenite. And, like a king holding court, he had ordered all of his captains to report to him at the Ravenite once a week.  

Word quickly reached the FBI—and agents in vans shot video as they staked out Prince Street. 

Gotti had handed the FBI a mob organization chart.

Seal of the Federal Bureau of Investigation.svg

FBI Seal

It was only a matter of time before the FBI’s Technical Surveillance Squad (TSS) breached the security of the Ravenite. 

In 1989, the TSS planted a hidden microphone in an apartment above the Ravenite where Gotti held his secret meetings. Tape recorders were running when he bragged that he had ordered three murders—and was running a criminal enterprise: The Gambino Mafia Family.

When he wasn’t bragging, Gotti was badmouthing virtually everyone—past and present—in the Mafia: Paul Castellano, Carlo Gambino, Vincent “The Chins” Gigante. And, most fatally, his own underboss: Sammy “The Bull” Gravano.

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John Gotti

On December 12, 1989, the electronic bug picked up the following conversation between Gotti and his Consigliere, or adviser, Frankie Locascio. 

The subject: The murders of three former Gambino Family mobsters: Robert “Deebee” DiBernardo, Louis Milito and Louis DiBono.  

DiBernardo had been murdered over Gravano’s objections. A fellow mobster had told Gotti that DiBernardo had made “subversive” comments behind Gotti’s back.

But that wasn’t the way Gotti told it.

GOTTI: “Deebee, did he ever talk subversive to you?”

LOCASCIO: “Never.”

GOTTI: “Never talked it to Angelo, never talked it to [Joseph Armone] either. I took Sammy’s word that he talked about me behind my back….I was in jail when I whacked him. I knew why it was being done. I done it anyway. I allowed it to be done anyway.”

Next Gotti focused on the murders of Louis Milito and Louis DiBono. Milito had been “whacked” for questioning Gotti’s judgment. And DiBono had been hit because he refused to answer a Gotti summons

But Gotti was determined to lay the blame on Gravano. He claimed that both men had been killed because Gravano had asked for permission to remove his business partners.

Related image

Sammy “The Bull” Gravano

And there was more: Gotti accused Gravano of excessive greed—and hoarding money for himself at the expense of the Family. 

GOTTI: “That’s Sammy….Every fucking time I turn around there’s a new company poppin’ up. Building. Consulting. Concrete.  Where the hell did all these new companies come from?  Where did five new companies come from?”

He accused Gravano of creating “a fuckin’ army inside an army,” adding: “You know what I’m saying, Frankie? I saw that shit and I don’t need that shit.” 

At a pretrial hearing following the arrests of Gotti, Gravano and Locascio, prosecutors played the FBI’s tapes of Gotti’s unintended confessions—including his badmouthing of Gravano. 

Gravano suddenly realized that his future in the Mafia was nil. 

Gravano, Gotti and Locascio were all facing life imprisonment as targets of RICO—the Racketeer Influenced Corrupt Organizations Act.

And if the Feds didn’t send him to prison, mob gunmen—sent by Gotti—would eventually get him. Gotti clearly planned to make him the fall guy—in court or in a coffin—for murders that Gotti himself had ordered

Only John Gotti was shocked when Gravano agreed to testify against him—and other Mafiosi—in exchange for a five-year prison sentence.

Gravano, as Gotti’s second-in-command, had literally been at the seat of power for five years. He knew the secrets of the Gambino Family—and the other four Mafia families who ruled New York.

On April 2, 1992, a jury convicted Gotti of five murders, conspiracy to murder, loansharking, illegal gambling, obstruction of justice, bribery and tax evasion. He drew a life sentence, without possibility of parole.  

Gotti was incarcerated at the United States Penitentiary at Marion, Illinois, in virtual solitary confinement. He died of throat cancer on June 10, 2002, at the age of 61.    

Donald Trump resembles his fellow New Yorker, John Gotti, in more ways than he would like to admit: In his greed, arrogance, egomania, love of publicity and vindictiveness.

But there is a huge difference between the no-nonsense way that federal prosecutors and judges treated Gotti—and the way they have cringed before Trump.

IT’S RERUN TIME FOR THE WEIMAR REPUBLIC: PART FIVE (END)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on December 1, 2023 at 12:10 am

Most Americans believe the United States is immune from the same fates of democracies that have become dictatorships.      

Not so New York University historian Ruth Ben-Ghiat. Appearing on the November 13 edition of The PBS Newshour, she warned: 

“Since 2015, [Donald Trump] started….using his rallies and campaign events for radicalizing people. And he started saying, oh, in the old days, you used to hurt people. The problem is, Americans don’t hurt each other anymore.

Ruth Ben-Ghiat

Humblewarrior, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0&gt;, via Wikimedia Commons

“So now he’s going into a new phase of openly dehumanizing his targets so that will lessen the taboos in the future. And we see that, in 2025, he’s got plans for mass deportations, mass imprisonments and giant camps.

“So you need people to be less sensitive about violence, either committing it themselves or tolerating it. And I see that as….the reason he’s using this dehumanizing rhetoric now, to prepare people.”

A historical example: The Weimar Republic, the constitutional federal republic in Germany which lasted from November 9, 1918 to March 23, 1933. 

During its 14-year existence, the Republic granted Germans rights they had never enjoyed—and which would be ruthlessly suppressed during the 12-year Third Reich that replaced it.

Among those rights:

  • Freedom of speech
  • Freedom of assembly
  • Privacy of mail, telegraph, and telephone
  • Free and secret elections
  • All citizens were eligible for public office

But the Republic had dangerous enemies—Communists on the Left, and Nazis on the Right. And it was plagued by charges of illegitimacy and even treason—for its members’ having signed the Treaty of Versailles ending World War 1.

Adolf Hitler, joined the National Socialist German Workers (Nazi) Party in 1919—the year after World War 1 ended.

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Adolf Hitler

In 1923, he staged a coup attempt in Bavaria—which was quickly and brutally put down by police. He was arrested and sentenced to less than a year in prison.

After that, Hitler decided that winning power through violence was no longer an option. He must win it through election—or appointment.

He repeatedly ran for the highest office in Germany—President—but never got a clear majority in a free election.

When the 1929 Depression struck Germany, the fortunes of Hitler’s Nazi party rose as the life savings of ordinary Germans fell. Streets echoed with bloody clashes between members of Hitler’s Nazi Stormtroopers and those of the German Communist Party.

Germany seemed on the verge of collapsing.

Germans desperately looked for a leader—a Fuhrer—who could somehow deliver them from the threat of financial ruin and Communist takeover.

In early 1933, members of his own cabinet persuaded aging German president, Paul von Hindenburg, that only Hitler’s appointment as Chancellor could do this.

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Paul von Hindenburg

Hindenburg considered Hitler a dangerous radical. But he allowed himself to be convinced that, by putting Hitler in the Cabinet, he could be “boxed in” and thus controlled.

So, on January 30, 1933, he reluctantly appointed Adolf Hitler Chancellor—the equivalent of  Attorney General.

On August 2, 1934, Hindenburg died, and Hitler immediately assumed the titles—and duties—of the offices of Chancellor and President.

His rise to total power was now complete.

In 2015, Donald Trump declared his candidacy for President.

At that time: 

  • The country was technically at war in the Middle East—but the fate of the United States was never threatened, as it had been during the Cold War.
  • There was no draft; if you didn’t know someone in the military, you didn’t care about the casualties taking place.
  • Thanks to government loans from Barack Obama, American capitalism had been saved from its own excesses during the George W. Bush administration.
  • In contrast to the scandals of the Ronald Reagan Presidency, the Obama administration had been scandal-free.
  • Nor had there been any major terrorist attacks on the country—as had occurred on 9/11 under President George W. Bush.

Yet—not 17 months after announcing his candidacy for President—enough Americans fervently embraced Donald Trump to give him the most powerful position in the country and the world.

Image result for images of Donald Trump

Donald Trump

The message of Barack Obama’s 2008 campaign had been one of hope—“Yes, We Can!”

That of Donald Trump’s campaign was one of hatred toward everyone who was not an avid Trump supporter: “No, You Can’t!”

White supremacists comprised the overwhelming majority of the audiences at Trump rallies. They knew that demographics were steadily working against them. Birthrates among nonwhites were rising. By 2045, whites would make up less than 50 percent of the American population.

The 2008 election of the first black President had shocked Fascistic whites. His 2012 re-election had deprived them of the hope that 2008 had been an accident.

Then came 2016—and the possibility that a black President might be followed by a woman: Former Secretary of State Hillary Clinton.

And the idea of a woman dictating to men was strictly too much for them to bear.

President Joseph Biden is 80—six years younger than Paul von Hindenburg when he died—and capable of dying literally any day.

His Vice President, Kamala Harris, is widely perceived as unprepared for the Presidency. 

Meanwhile, Donald Trump—like Adolf Hitler—is waging an all-out campaign to make himself dictator. And—like Hitler—he’s using the democratic system to destroy democracy.

The year 2024 will see the re-election of Joseph Biden—or the end of American democracy.

IT’S RERUN TIME FOR THE WEIMAR REPUBLIC: PART FOUR (OF FIVE)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 30, 2023 at 12:19 am

More than two years after he tried to establish himself as a dictator, Donald Trump remains free.

And he is still repeating “The Big Lie”: That he won the 2020 Presidential election but was cheated of victory by widespread voter fraud.    

The result: Two-thirds of Republicans still reject the legitimacy of the 2020 election of Joe Biden.

Facing 91 criminal charges in four criminal cases, Trump—unlike any other criminal defendant—has not even been required to post bond.

In Florida, he faces 40 felony counts for illegally withholding highly classified government documents. Yet a judge he had appointed—Aileen Cannon—has repeatedly delayed the start of his trial.

According to former United States Attorney Joyce Vance, her goal is clearly to delay the trial past the November, 2024 Presidential election.

Aileen Cannon

Trump has repeatedly slandered—and even threatened—prosecutors, witnesses, judges and jurors in the four cases he faces. He claims he’s simply exercising his right to “freedom of speech” as a Presidential candidate.

U.S. District Judge Tanya Chutkan, who is overseeing Trump’s election interference case, imposed a limited gag order on Trump in October. But this was lifted by the U.S. Court of Appeals while it hears appeals from Trump’s lawyers, who want it removed completely.

Most ominously, an August 29 story by the Associated Press reports: Right-wing “think tanks”—led by the long-established Heritage Foundation—are plotting to remake the federal government into a Fascist dictatorship:  

“With more than a year to go before the 2024 election, a constellation of conservative organizations is preparing for a possible second White House term for Donald Trump, recruiting thousands of Americans to come to Washington on a mission to dismantle the federal government and replace it with a vision closer to his own….

Heritage Foundation

Ser Amantio di Nicolao, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0&gt;, via Wikimedia Commons

“Trump-era conservatives want to gut the ‘administrative state’ from within, by ousting federal employees they believe are standing in the way of the president’s agenda and replacing them with like-minded officials more eager to fulfill a new executive’s approach to governing.

“Much of the new president’s agenda would be accomplished by reinstating what’s called Schedule F — a Trump-era executive order that would reclassify tens of thousands of the 2 million federal employees as essentially at-will workers who could more easily be fired.”

Trump has openly called for ending Constitutionally-granted freedoms: 

On December 3, 2022, he wrote in a Truth Social post:

“Do you throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or do you have a NEW ELECTION? A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution.” 

A November 14 analysis by CNN’s Stephen Collinson warns:

“The former and possibly future commander in chief aspires to strongman power if he wins back the White House next year. He believes his authority would be absolute. He wants vengeance against his political enemies. He’d pose the greatest challenge to the rule of law and the Constitution in modern times, seek to crush press freedoms and gut the machinery of government.

“None of this is speculation. Trump is saying and showing exactly what he would do in his rallies, social media posts, interviews, lawyers’ filings and even appearances in court that he uses to stigmatize the legal system. And Trump’s ambitions should be taken seriously because one year from the election, President Joe Biden’s reelection hopes are far from secure.”

As an example of Trump’s rhetoric, Ruth Ben-Ghiat  professor of history at New York University and author of the bestselling book, Strongmen, cites the former President’s address on Veterans Day:

Amazon.com: Strongmen: Mussolini to the Present: 9781324001546: Ben-Ghiat, Ruth: Books

“We will root out the communists, Marxists, fascists, and the radical left thugs that live like vermin within the confines of our country, that lie and steal and cheat on elections, and will do anything possible, they will do anything, whether legally or illegally, to destroy America and to destroy the American dream.” 

Speaking on the November 13 edition of The PBS Newshour, Ben-Ghiat said:

“Since the fascists, authoritarians always want to do two things—they want to change the way that people see violence, making it into something necessary and patriotic and even morally righteous, and they want to change the way people see their targets. And so they use dehumanizing language. And former President Trump is doing both.

“He’s been using his rallies since 2015 to shift the idea of violence into something positive. And now he’s starting to use dehumanizing rhetoric, all these groups who live like vermin. And this is what the original fascists did.

“Hitler started talking about Jews as parasites in 1920.So by the time he got in 1933, Germans had been exposed to this dehumanizing rhetoric for 13 years.

“And Mussolini literally talked about rats. After he had become dictator in 1927, he said, we need to kill rats who are bringing infectious diseases and Bolshevism from the east. And so this matches up with Trump talking about immigrants bringing disease and other such things.

“So this is very dangerous rhetoric with a very precise fascist history.”

IT’S RERUN TIME FOR THE WEIMAR REPUBLIC: PART THREE (OF FIVE)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 29, 2023 at 12:10 am

On January 6, 2021, President Donald Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.  

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him.    

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results of the 2020 Presidential election.

The Stormtrumpers marched to the United States Capitol—and quickly brushed aside Capitol Police, who made little effort to arrest or shoot them.

IndieWire on Twitter: "Pro-Trump Rioters Breach US Capitol Building in Unprecedented Attack on Rule of Law https://t.co/QA27RZTEWd… "

Capitol Police facing off with Stormtrumpers

  • One attacker was shot as protesters forced their way toward the House Chamber where members of Congress were sheltering in place.
  • Members of the mob attacked police with chemical agents or lead pipes.
  • A Capitol Hill police officer was knocked off his feet, dragged into the mob surging toward the building, and beaten with the pole of an American flag.

These are some of the high-profile figures who were seen storming the US Capitol

Stormtrumpers scaling Capitol Building walls

  • Several rioters carried plastic handcuffs, possibly intending to take hostages.
  • Others carried treasonous Confederate flags.
  • Shouts of “Hang Pence!” often rang out.
  • Improvised explosive devices were found in several locations in Washington, D.C.
  • Many of the lawmakers’ office buildings were occupied and vandalized—including that of House Speaker Nancy Pelosi, a favorite Right-wing target.

Trump to Pardon 'Patriots' Involved in Capitol Attack? Truth About WH Pardons Attorney Seeking Names in Viral Post

Stormtrumpers inside the Capitol Building

More than three hours passed before police—using riot gear, shields and batons—retook control of the Capitol.

And Trump?  

  • After giving his inflammatory speech, he returned to the White House—to watch his handiwork on television and rage-tweet against Vice President Mike Pence.
  • He was “delighted” at the attack—and surprised that others weren’t, as angry Republican Nebraska Senator Ben Sasse said later. 
  • He initially denied requests to mobilize the National Guard. 
  • Six hours after the rioting began, Pat A. Cipollone, the White House Counsel and other officials intervened and deployed the National Guard.
  • While the rioting was still erupting, Trump posted a video on Twitter: “I know you’re hurt. We had an election that was stolen from us….But you have to go home now. We have to have peace. We have to have law and order….So go home. We love you. You’re very special.”  
  • His administration was closing with the same contempt for law and democracy that had characterized it from its outset.

Joseph R. Biden legitimately assumed the Presidency on January 20, 2021.

Yet it was only on November 22, 2022, that his handpicked Attorney General, Merrick Garland, appointed Jack Smith as independent special counsel.

Smith had served in the Justice Department as an assistant U.S. attorney, acting U.S. attorney and head of the agency’s Public Integrity Section.

From 2008 to 2010, Smith worked as investigation coordinator for the Office of the Prosecutor of the International Criminal Court in The Hague, Netherlands. He thus oversaw cases against government officials and militia members accused of war crimes and genocide.

Smith standing in front of flags, wearing a suit

Jack Smith

He is now responsible for overseeing two preexisting Justice Department criminal investigations into Trump. 

On June 8, 2023, a grand jury indicted Trump on seven federal criminal charges related to his handling of classified documents. This marked the first time in American history that a serving or former president had been indicted on a federal criminal charge.

On August 1, a second grand jury indicted Trump on four more federal felony counts for attempting to overturn the 2020 Presidential election and inciting a riot against Congress on January 6, 2021.

Meanwhile, Trump has publicly attacked Smith as even notorious Mafia bosses like John Gotti never dared attack their prosecutors. 

Trump has attacked Smith as “deranged” and a “Trump-hating prosecutor,” adding that “his wife and family despise me much more than he does.” 

A typical Trump post on his website, Truth Social, exploded on August 28, 2023: 

“It has just been reported that aides to TRUMP prosecutor, Deranged Jack Smith, met with high officials at the White House just prior to these political SleazeBags Indicating me OVER NOTHING.

“If this is so, which it is, that means that Biden and his Fascist Thugs knew and APPROVED of this Country dividing Form of Election Interference, despite their insisting that they ‘knew nothing.” 

Such attacks have led the Justice Department to increase the security detail for Smith from two to at least four deputy U.S. marshals on a 24-hour basis.

Many of Trump’s supporters believe that Smith is acting on behalf of President Biden to deprive Trump of the chance to run for the White House a third time.

The January 6 coup attempt proved beyond doubt their capacity for violence.

On November 14, the Justice Department urged a Washington, DC, appeals court to uphold the gag order against Trump in his federal election subversion criminal case. Prosecutors charged that Trump’s attacks on Smith and his family demonstrates why restrictions on Trump’s speech are necessary. 

“There has never been a criminal case in which a court has granted a defendant an unfettered right to try his case in the media, malign the prosecutor and his family, and …target specific witnesses with attacks on their character and credibility,” Smith’s team told the US DC Circuit Court of Appeals in a filing.

IT’S RERUN TIME FOR THE WEIMAR REPUBLIC: PART TWO (OF FIVE)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 28, 2023 at 12:11 am

From November 3 to December 14, 2020, President Donald J. Trump and his allies lost 59 times in court to overturn the 2020 Presidential election.  

They either withdrew their cases or found them dismissed by Federal and state judges.

On November 19, Trump invited two Republican legislative leaders from Michigan to the White House—to persuade them to stop their state from certifying the vote.

The Michigan legislators said they would follow the law.

President Trump issues order to US Navy to 'destroy' any Iranian boats that 'harass' them at sea - ABC News

Donald Trump

On December 5, Trump called Georgia Governor Brian Kemp and asked him to call a special legislative session and convince state legislators to select their own electors that would support him, thus overturning Biden’s win. 

Kemp refused, saying he lacked the authority to do so.

On December 8, the Supreme Court refused to hear Trump’s bid to reverse Pennsylvania’s certification of Biden’s victory. Representative Mike Kelly (R-PA), a Trump ally, argued that the state’s 2.5 million mail-in votes were unconstitutional.

Although Trump had appointed three of the Court’s Justices, not one of them dissented. 

On December 10, the Supreme Court refused to let a Texas lawsuit overturn the results in four battleground states: Georgia, Michigan, Pennsylvania and Wisconsin. The majority of their votes had been cast for Biden. 

U.S. Supreme Court building-m.jpg

The Supreme Court

With the Senate due to certify states’ Electoral College results on January 6, Trump pressed Vice President Mike Pence to flip the results of the election to give him a win. This despite the fact that the Electoral Count Act of 1887 limits the Vice President to a largely ceremonial role.

Then, on December 30,  Missouri Republican Senator Josh Hawley announced that, on January 6, 2021, he would object to the certification of some states’ Electoral College results.  

A total of 147 Republican Congressional members voted to invalidate the Electoral College vote count of the 2020 presidential election: 139 in the House of Representatives, and eight in the Senate. 

Having lost in 59 court cases to overturn the election results, Trump opted for some old-fashioned arm-twisting.

On January 2, 2021, he called the office of Georgia Secretary of State Brad Raffensperger. The reason: To pressure him to “find” enough votes to overturn former Vice President Joe Biden’s win in the state’s presidential election.

“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,” Trump lied.

He even threatened Raffensperger with criminal prosecuted if he did not change the vote count in Trump’s favor: “That’s a criminal offense. And you can’t let that happen.”  

Raffensperger insisted there hadn’t been any voter fraud—and refused to change the official results.

By January 6, 2021, Trump had almost run out of options for illegally staying in power for the next four years.

On January 6, the United States Senate, with Vice President Mike Pence presiding, would certify states’ Electoral College results of that election.

That morning, Trump urged Pence to flip the results of the election to give him a win. Pence replied that he lacked the power to overturn those results.

But as Pence went off to the Capitol Building housing the Senate and House of Representatives, Trump had one last card to play. 

Mike Pence - Wikipedia

Mike Pence

For weeks Trump had ordered his legions of Right-wing Stormtrumpers to descend on Washington, D.C. on January 6. 

On December 20, he had tweeted: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!”

In tweets, he promoted the rally again on December 27 and 30, and January 1.

On January 6, Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him.  

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results.

Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

Donald Trump addresses his Stormtrumpers 

“All of us here today do not want to see our election victory stolen by a bold and radical left Democrats which is what they are doing and stolen by the fake news media.

“Our country has had enough. We will not take it anymore, and that is what this is all about. And to use a favorite term that all of you people really came up with, we will stop the steal….

“Republicans are constantly fighting like a boxer with his hands tied behind his back….And we’re going to have to fight much harder….

“And after this, we’re going to walk down and I’ll be there with you. We’re going to walk down to the Capitol. And we’re going to cheer on our brave Senators and Congressmen and women and we’re probably not going to be cheering so much for some of them.

“Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.”

The Stormtrumpers marched to the United States Capitol—and quickly brushed aside Capitol Police, who made little effort to arrest or shoot them.

IT’S RERUN TIME FOR THE WEIMAR REPUBLIC: PART ONE (OF FIVE)

In Bureaucracy, History, Law, Law Enforcement, Military, Politics, Social commentary on November 27, 2023 at 12:10 am

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. 

Image result for Images of Adolf Hitler outside Landsberg prison

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 2016 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.

Related image

Consider:

It’s June 6, 1944, and the Allies have launched their long-expected attack on the French coast of Normandy. This is an all-out assault on Adolf Hitler’s “Atlantic Wall” to drive German armies out of the European countries they had conquered in 1940. 

“We can’t take any chances. I want the reserve panzers moved forward,” says Field Marshal Gerd von Rundstedt, the commander of all German forces in France, to his subordinate commander, Major General Gunther Blumentritt. 

“But we need permission from the Fuhrer’s headquarters,” replies Blumentritt.

And just as Blumentritt fears, permission is denied.

Alfred Jodl, Chief of the Operations Staff of the Wehrmacht, refuses the request. He will not release the panzers without Hitler’s approval.

And the Fuhrer—who stayed up late at night and slept during much of the day—is still sleeping.

“This is history,” says Blumentritt to an aide. “We are living an historical moment. We are going to lose the war because our glorious Fuhrer has taken a sleeping pill and is not to be awakened. 

“Think of it, Kurt. We are witnessing something which historians will say is completely improbable. And yet it is true.”

And just as Bluemtritt predicted, defeat comes soon for the German forces in France. 

Future historians may one day write that it’s what didn’t happen that played at least as great a role in destroying Constitutional government—and democracy—in the United States as what did.

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Donald Trump

On November 3, Joe Biden became President-elect of the United States by winning 81,283,495 votes, or 51.4% of the vote, compared to 74,223,755 votes, or 46.9% of the vote cast for President Donald Trump.

In the Electoral College—which actually determines the winner—the results were even more stunning: 306 votes for Biden, compared with 232 for Trump. It takes 270 votes to be declared the victor.

From the moment Biden was declared the winner, Trump set out to overturn that verdict.

For the first time in American history, a President demanded a halt to the counting of votes while the outcome of an election hung in doubt. 

States ignored his demand and kept counting.

Next, Trump ordered his attorneys to file lawsuits to overturn the election results, charging electoral fraud. Specifically:

  • Illegal aliens had been allowed to vote.
  • Trump ballots were systematically destroyed.
  • A sinister computer program turned Trump votes into Biden ones.

Throughout November and December, cases were filed in Wisconsin, Arizona, Nevada, Michigan, Minnesota and Georgia challenging the election results. None were supported by evidence of fraud—as even Trump’s lawyers admitted when questioned by judges.

On November 13, nine cases meant to attack President-elect Joe Biden’s win in key states were denied or dropped. A law firm challenging the vote count in Pennsylvania withdrew from the effort.

In Michigan, Trump’s attorneys dropped their federal suit to block the certification of Detroit-area ballots. 

By November 21, more than 30 cases were withdrawn by Trump’s attorneys or dismissed by Federal judges—some of them appointed by Trump himself.

Ultimately, from November 3 to December 14, 2020, Trump and his allies lost 59 times in court, either withdrawing cases or having them dismissed by Federal and state judges.

NEEDED: AN ATTORNEY GENERAL WILLING TO PROSECUTE TRAITORS: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 11, 2022 at 12:11 am

Merrick Brian Garland has served as:

  • A special assistant to Attorney General Benjamin Civviletti (1979  – 1981).
  • Judge of the United States Court of Appeals for the District of Columbia Circuit (1997 – 2021).
  • Chief Judge of the United States Court of Appeals for the District of Columbia Circuit (2013 – 2020).

Yet, as United States Attorney General, he is now presiding over the closing days of the American Republic.

On January 6, 2021, President Donald Trump incited a treasonous attack on the United States Capitol Building. There, the United States Senate, with Vice President Mike Pence presiding, would certify states’ Electoral College results of that election.

Since former Vice President Joseph Biden had gotten 306 votes compared to 232 for Trump, the outcome was already known. And Trump, who had often “joked” about becoming “President-for-Life,” wanted that verdict overturned.

The Stormtrumpers marched to the United States Capitol—and quickly brushed aside Capitol Police, who made little effort to arrest Only or shoot them.

Only one rioter was shot: Ashli Babbitt, as she climbed through a shattered window in a barricaded door

By comparison: At the battle of the Alamo, 200 Texan defenders killed 600 Mexican attackers.

These are some of the high-profile figures who were seen storming the US Capitol

Stormtrumpers scaling Capitol Building walls

After giving his inflammatory speech, Trump returned to the White House. There he gleefully watched his handiwork on television—and refused to call off his supporters or call the National Guard.

More than three hours passed before police—using riot gear, shields and batons—retook control of the Capitol.  

By January 5, 2022, more than 700 Stormtrumpers have been arrested and charged.

  • More than 150 defendants have pleaded guilty.
  • About one-tenth of these—71—have been sentenced by January 1, 2022.
  • The most common charge pleaded to is illegally parading or demonstrating in the Capitol, a misdemeanor.
  • Of those who have been sentenced, fewer than half have received prison time. 
  • The median prison sentence to date is 45 days.
  • Another 

Yet no major Trump supporter has been arrested, let alone indicted. Such as:

  • Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
  • Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
  • Rep, Mo Brooks (R-Ala.) who incited the Trump crowd with: “Today is the day American patriots start taking down names and kicking ass!”
  • Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last six months spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. As a result, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

There is a historical precedent for this, and it does not bode well for our Republic.

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 wrote 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.

Image result for Images of Adolf Hitler outside Landsberg prison

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.

On January 30, 1933, those intrigues made him Chancellor of Germany. 

Writes historian Volker Ullrich, in his monumental 2016 biography, Hitler: Ascent 1889 – 1939: “Historians have perennially tried to answer the question of whether Hitler’s rise to power could have been halted….

Related image

“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. 

A 10- to 20-year prison sentence for Donald Trump would scuttle his chances for becoming dictator—and send a warning message to other Right-wingers.

The United States Justice Department now faces the same choice faced by the judges of the Weimar Republic: Enforce the law against a ruthless tyrant—or stand by while he mounts a comeback.

NEEDED: AN ATTORNEY GENERAL WILLING TO PROSECUTE TRAITORS: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 10, 2022 at 12:10 am

After graduating from Harvard Law School, Merrick Brian Garland served as a special assistant to Attorney General Benjamin Civviletti from 1979 to 1981.

As a federal prosecutor, he played a leading role in the investigation and prosecution of the Oklahoma City bombers.

He then served as judge of the United States Court of Appeals for the District of Columbia Circuit (1997 – 2021) and then as Chief Judge of the United States Court of Appeals for the District of Columbia Circuit (2013 – 2020).

In 2016, President Barack Obama nominated him to serve as an associate Justice of the Supreme Court to fill the vacancy created by the death of Antonin Scalia. But Republican Senate Majority Leader Mitch McConnell refused to hold a hearing or vote on your nomination. 

Attorney General Merrick Garland.jpg

Merrick Garland

Yet, as United States Attorney General, he is now presiding over the closing days of the American Republic.

As the bestselling book, Peril, makes clear:

  • There was a detailed plan by Republicans to illegally retain President Donald Trump in office.
  • The votes of 81 million Americans who had voted for former Vice President Joseph Biden would have been scrapped in what was intended to be a Right-wing coup.

According to authors Bob Woodward and Robert Costa:

  • Attorney John Eastman first proposed the plan to Vice President Mike Pence on January 4 in the Oval Office with Trump in attendance. 
  • The memo called for throwing out the election results in seven states under the false claim that those states had used alternate electors.
  • Eastman’s memo was sent to Senator Mile Lee (R-Utah) and former New York City Mayor Rudy Giuliani, who served as one of Trump’s attorneys at the time.
  • They tried to convince Senator Lindsey Graham (R-S.C.) that there was rampant fraud in the 2020 election.
  • Both Graham and Lee reportedly argued that the fraud claims had no merit.

On January 6, the United States Senate, with Vice President Mike Pence presiding, would certify states’ Electoral College results of that election.

Since Biden had gotten 306 votes compared to 232 for Trump, the outcome was already known.

On that morning, Trump tried to convince Pence to reject the electoral votes that had been cast for Biden. This would mean flipping the results of the 2020 Presidential election to give him a win.

Pence replied that he lacked the power to overturn those results.

But as Pence went off to the Capitol Building housing the Senate and House of Representatives, Trump had one last card to play.

Mike Pence - Wikipedia

Mike Pence

For weeks Trump had ordered his legions of Right-wing Stormtrumpers to descend on Washington, D.C. by January 6. 

On December 20, he had tweeted: “Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!” 

In tweets, he promoted the rally again on December 27 and 30, and January 1.

On January 6, Trump appeared at the Ellipse, a 52-acre park south of the White House fence and north of Constitution Avenue and the National Mall in Washington, D.C.

A stage had been set up for him to address tens of thousands of his supporters, who eagerly awaited him.  

Trump ordered them to march on the Capitol building to express their anger at the voting process and to intimidate their elected officials to reject the results. 

Melania Trump 'disappointed' by Trump supporters' Capitol riot - ABC7 Chicago

Donald Trump addresses his Stormtrumpers 

“All of us here today do not want to see our election victory stolen by a bold and radical left Democrats which is what they are doing and stolen by the fake news media.

“Our country has had enough. We will not take it anymore, and that is what this is all about. And to use a favorite term that all of you people really came up with, we will stop the steal….

“And after this, we’re going to walk down and I’ll be there with you. We’re going to walk down to the Capitol. And we’re going to cheer on our brave Senators and Congressmen and women and we’re probably not going to be cheering so much for some of them.

“Because you’ll never take back our country with weakness. You have to show strength and you have to be strong. We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated.”

The Stormtrumpers marched to the United States Capitol—and quickly brushed aside Capitol Police.

IndieWire on Twitter: "Pro-Trump Rioters Breach US Capitol Building in Unprecedented Attack on Rule of Law https://t.co/QA27RZTEWd… "

Capitol Police facing off with Stormtrumpers

Among their outrages:

  • Members of the mob attacked police with chemical agents and lead pipes.
  • Many of the attackers wore body armor and two-way radio headsets similar to those used by police. 
  • Many of the lawmakers’ offices were occupied and vandalized—including that of House Speaker Nancy Pelosi, a favorite Right-wing target.
  • Rioters yelled “Hang Mike Pence!” and “Hang Nancy Pelosi”
  • Pipe bombs ere found at the Democratic National Committee and Republican National Committee headquarters offices. 
  • Some rioters carried Confederate flags or Nazi emblems. Others carried crosses and signs saying, “Jesus Saves” and “Jesus 2020.”
  • At least 140 police officers were injured.
  • More than $1 million dollars of damage was done to the Capitol building.
  • Senator Mitt Romney (R-UT) yelled at several fellow Republicans who were challenging President-elect Biden’s electoral votes: “This is what you’ve gotten, guys!”

AN OPEN LETTER TO ATTORNEY GENERAL MERRICK GARLAND: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on September 29, 2021 at 12:07 am

TO: Merrick Brian Garland – United States Attorney General

I hold the highest regard for your personal integrity.  Yet, with due regard for your years of dedicated service to the rule of law, I am forced to say: You are now presiding over the closing days of the American Republic.

On January 6, President Donald Trump incited a treasonous attack on the United States Capitol Building. There, the United States Senate, with Vice President Mike Pence presiding, would certify states’ Electoral College results of that election.

Since former Vice President Joseph Biden had gotten 306 votes compared to 232 for Trump, the outcome was already known. And Trump, who had often “joked” about becoming “President-for-Life,” wanted that verdict overturned.

The Stormtrumpers marched to the United States Capitol—and quickly brushed aside Capitol Police, who made little effort to arrest or shoot them.

Among their outrages:

Capitol Riot of Jan. 6, 2021 - The Free Speech Center

Stormtrumpers scaling Capitol Building walls

  • Several rioters carried plastic handcuffs, possibly intending to take hostages.
  • Others carried treasonous Confederate flags.
  • Shouts of “Hang Pence!” often rang out.
  • Improvised explosive devices were found in several locations in Washington, D.C.
  • Many of the lawmakers’ office buildings were occupied and vandalized—including that of House Speaker Nancy Pelosi, a favorite Right-wing target.

More than three hours passed before police—using riot gear, shields and batons—retook control of the Capitol.  

And Trump? After giving his inflammatory speech, he returned to the White House—to watch his handiwork on television. He initially rebuffed requests to mobilize the National Guard. 

So what has happened during the eight months since that treasonous attack?

By September 24, 654 Stormtrumpers have been arrested and charged.

  • At least 74 defendants have pleaded guilty.
  • At least 22 have pleaded guilty to misdemeanors.
  • Six have pleaded guilty to felonies.
  • Three defendants have been sentenced: One drew a sentence of eight months for a felony. Two were sentenced for misdemeanor charges.
  • Another was sentenced to three years probation and no jail time.
  • Another was sentenced to six months imprisonment, but was credited for the time he had already spent in jail awaiting trial.

Yet no major Trump supporter has been arrested, let alone indicted.

  • NOT Trump’s attorney, Rudy Giuliani, who cried to the demonstrators, “Let’s have trial by combat!”
  • NOT Donald Trump, Jr., who, just hours before the Trump mob stormed Congress, threatened Republican lawmakers at a large rally outside the White House: “These guys better fight for Trump. Because if they’re not, guess what? I’m going to be in your backyard in a couple of months!”
  • NOT Rep, Mo Brooks (R-Ala.) who incited the Trump crowd with: “Today is the day American patriots start taking down names and kicking ass!”
  • And, above all, NOT Donald Trump. He not only incited his followers to attack the Capitol, he has spent the last six months spreading poisonous lies that the 2020 election was “stolen” from him through “massive” voter fraud. As a result, he continues to undermine the democratic process as he terrorizes the Republican party to stand behind him.

There is a historical precedent for this, and it does not bode well for our Republic.

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 wrote 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.

Image result for Images of Adolf Hitler outside Landsberg prison

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.

On January 30, 1933, those intrigues made him Chancellor of Germany. 

Writes historian Volker Ullrich, in his monumental 2016 biography, Hitler: Ascent 1889 – 1939: “Historians have perennially tried to answer the question of whether Hitler’s rise to power could have been halted….Related image

“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.

The United States Justice Department now faces the same choice faced by the judges of the Weimar Republic: Enforce the law against a ruthless tyrant—or stand by while he mounts a comeback.