Monday, August 12, 2019

Trump the Other CINC: "Conspiratorialist-in-Concert" With a Whole Lot of Other Nutcases

Facts Cannot be Denied, Ignored, or Called Fake News 

Excellent article here from CNN in part (with the graph above). 

Trump promotes conspiracy theories even though lawmakers and government officials have called for inquiries into Epstein's death, but none have gone so far as to even suggest that political rivals were behind it like Trump, et al have. 

Trump, unlike any other President before him, repeatedly promotes evidence-free conspiracy theories and falsehoods without regard for the consequences of his rhetoric.

·       Early in his presidency, Trump claimed without evidence that millions of people voted illegally in the 2016 election (yet he won).
·       He fed conspiracy theories about the Deep State  of government officials working against him.
·       He falsely smeared former special counsel Robert Mueller's investigation as a Witch Hunt. 
·       He has called the investigation into Russian interference in the 2016 campaign treason – among many other words.

Trump was not the only official in his administration to promote the Epstein-Clintons conspiracy theory. Lynne Patton, a senior official at HUD and a longtime Trump family aide and friend, also gave voice to the conspiracy theory on her Instagram account earlier in the day.

(Note: Recall that Trump said he would only hire the best and most-qualified people ever to serve – so he told the public. Okay, take this Ms. Patton: She was a low-level executive in the Trump Organization. Her resume suggests she had a law degree (she doesn't) in reference to Yale University, where she was never in a degree program. Prior to her HUD appointment, she did not appear to have any relevant education or job experience to perform the duties her current job requires. Oops.)

Also, and right on cue, White House senior counselor, Kellyanne “Alternative Facts” Conway appeared on Fox News defending Trump in true fashion saying: I think the President just wants everything to be investigated. Just the day before, there was some unsealed information implicating some people very high up. I will say that there's always this rush to (say), ‘We need transparency. We need accountability’ when it involves fictional accusations like collusion with Russia to swing an election. This seems to be very concrete and that Jeffrey Epstein has done some very bad things over a number of years. So let's continue to investigate that.”

More background and legal references for the Epstein case, but first this quick update from AG Barr here).

General definition of criminal conspiracy: A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its completion. The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. 

A person may be convicted of conspiracy even if the actual crime was never committed. Both federal law and state law define the crime of conspiracy. Whether a person is charged under federal or state law depends upon the specific circumstances. 

Often, the federal government will prosecute persons allegedly involved in a conspiracy that spans multiple states, whereas a state government will generally handle matters that are entirely contained within its borders. If the crime underlying the conspiracy is a federal crime, this too may lead to federal, rather than state, prosecution. 

For example, Jason, Alice, and Hank plan to rob a bank. They: (1) visit the bank first to assess its security, and then they (2) pool their money and buy a gun. All three can be charged with conspiracy to commit robbery, regardless of whether the robbery itself is ever attempted or completed.

From other reputable sources,too: here, here, and here. 
Conspiracy: A conspiracy occurs when two or more people agree to commit an illegal act and take some step toward its completion. Conspiracy is an inchoate crime because it does not require that the illegal act actually have been completed. 
For instance, a group of individuals can be convicted of conspiracy to commit burglary even if the actual burglary never happens. Conspiracy is also unique in that, unlike attempt, a defendant can be charged with both conspiracy to commit a crime, and the crime itself if the crime is completed. 
Elements of a Conspiracy: Conspiracy first requires a showing that two or more people were in agreement to commit a crime. This agreement does not have to be formal or in writing. For instance, if two sisters agree to rob a bank and ask their brother to drive them to the bank without informing him of their intent to commit a crime, he cannot be charged with conspiring in the robbery. As long as an individual understands that the act being planned is a criminal one and proceeds nonetheless, he can be charged with conspiracy.

In most states, conspiracy requires an “overt act” taken in furtherance of the crime. This overt act does not have to be the crime itself, nor does it have to be an act that is illegal. Rather, the act must merely be a step taken in furtherance of the criminal objective, such as buying a weapon or holding a meeting to plan an attack. 

The act must also take place after the group of individuals has agreed to conspire. Actions taken before the agreement do not fulfill this requirement. While an “overt act” implies an affirmative action, some courts have held that silence can be an overt act where it is intentional, planned, and done in furtherance of the conspiracy.

Defenses to Conspiracy: Like other inchoate crimes such as attempt, a defendant charged can raise the defense of abandonment or withdrawal

A defendant must show that he affirmatively communicated his withdrawal to his co-conspirators and took some positive action to withdraw from the conspiracy. The defendant must have withdrawn it prior to its completion. Importantly, the defendant must have definitively cut ties with his fellow co-conspirators. If he continues to communicate with them or assist them in any way, this may prevent him from raising the defense of withdrawal. 

The defense of entrapment. Entrapment means that the defendant was persuaded to participate in the conspiracy by a law enforcement officer or government agent and that he or she would not otherwise have become involved in the conspiracy. 

The defendant must show: (1) the idea for the conspiracy came from an officer and not the defendant, (2) defendant was persuaded to participate in the conspiracy by an officer, and (3) before being persuaded, the defendant had no intention of committing the crime.

My 2 cents: We still have a very long way to go on this very bizarre case that’s for sure. Stay tuned.

Thanks for stopping by.

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