Trump Is Treating Elections Like Crimes (w/ Elliot Williams) | Illegal News
Quick Read
Summary
Takeaways
- ❖The case against journalists Don Lemon and Georgia Fort for church protest involvement is legally weak, as their actions were consistent with reporting, protected by the First Amendment.
- ❖The FACE Act, designed to protect abortion clinics and religious freedom, is being applied in a strained manner against journalists.
- ❖The FBI raid on the Fulton County election office, though legally possible with a probable cause warrant, is politically motivated to sow distrust in elections.
- ❖Trump's strategy involves taking a 'kernel of truth' (e.g., minor fraud in elections) and exaggerating it to delegitimize entire systems.
- ❖The presence of the Director of National Intelligence and direct presidential calls to agents during the Fulton County raid represent an authoritarian 'thumb on the scale' for law enforcement.
- ❖Trump's $10 billion lawsuit against the IRS, while having a legal basis for unauthorized disclosure, presents an unprecedented conflict of interest where the President is suing his own executive branch.
- ❖The proposed demolition and renaming of the Kennedy Center disregard its status as a memorial to John F. Kennedy, with legal provisions explicitly prohibiting demolition and requiring congressional approval for major changes.
- ❖Congress's abdication of its oversight role allows the executive branch to push constitutional boundaries without sufficient checks and balances.
Insights
1Weak Case Against Journalists Under FACE Act
The charges against journalists Don Lemon and Georgia Fort for their involvement in a church protest are problematic. While the FACE Act criminalizes interference with religious exercise, the evidence presented in the indictment (e.g., attending briefings, reporting live, observing reactions) aligns with standard journalistic practices, not conspiracy. The First Amendment protects free speech, making conviction beyond a reasonable doubt difficult even if there's a 'gray area' regarding their activist vs. reporter role.
Elliot Williams details how the indictment's points () describe typical journalistic activities like receiving heads-up briefings (), maintaining operational security (), and reporting observations (). He argues that even if their role is ambiguous, the First Amendment protects their right to do so, making a 'beyond a reasonable doubt' conviction unlikely ().
2Politically Motivated Election Raid and 'Kernel of Truth' Strategy
The FBI raid on the Fulton County election office, seeking 2020 ballots, was likely approved based on a low 'probable cause' standard for a search warrant. However, the underlying motivation appears to be political, aimed at casting doubt on election legitimacy rather than uncovering widespread fraud. Trump consistently uses a 'kernel of truth' strategy, taking isolated instances of fraud (which exist in any system) and extrapolating them to delegitimize entire election outcomes.
Williams explains the low probable cause standard for search warrants (). Longwell notes the raid's forward-looking intent to sow distrust in future elections (). Williams describes Trump's 'kernel of truth' approach where minor fraud is exaggerated to invalidate entire systems ().
3Authoritarian Interference in Law Enforcement
The presence of the Director of National Intelligence, Tulsi Gabbard, at the Fulton County election office raid and President Trump's direct phone calls to agents during the operation represent a dangerous 'thumb on the scale.' This blurs the lines between political leadership and independent law enforcement, creating undue pressure on agents and moving towards authoritarian practices, which is contrary to established U.S. norms since Watergate.
Williams explains the DNI's role and the 'tiny kernel of truth' regarding foreign meddling, but dismisses its relevance to local election fraud (). He criticizes the DNI's presence and Trump's calls as 'thumb on the scale' () and 'authoritarian land' ().
4Unprecedented IRS Lawsuit and Conflicts of Interest
Trump's $10 billion lawsuit against the IRS for unauthorized disclosure of his tax returns, while having a legal basis for citizens to sue for willful disclosure, is fraught with ethical and practical conflicts. As president, he would effectively be suing and potentially paying himself from government funds. The Justice Department, under his control, would be making legal determinations in his favor, and the timing of the lawsuit raises questions about the statute of limitations.
Williams explains the legal avenue for citizens to sue the IRS for willful disclosure () and the potential for punitive damages (). He then highlights the 'bonker balls' issues: conflict of interest (), the Justice Department's lack of pushback (), and the suspicious timing of Trump's claim of learning about the disclosure ().
5Kennedy Center as a Memorial, Not Just a Building
The Kennedy Center is not merely a building but a living memorial to a deceased president, John F. Kennedy. Trump's actions, including renaming it and proposing its demolition under the guise of renovation, disregard its historical and symbolic significance. Existing legislation for the Kennedy Center does not authorize demolition, only 'capital repair, restoration, maintenance backlog, and security structures,' making Trump's plans legally dubious and a profound disrespect to a national memorial.
Williams emphasizes that the Kennedy Center is a 'memorial to a deceased president' (), detailing its history and Jackie Kennedy's involvement (). He points out that the authorizing legislation for funding specifies 'capital repair, restoration, maintenance backlog, and security structures' but explicitly 'does not authorize demolition' ().
Key Concepts
Kernel of Truth Strategy
This model describes the tactic of taking a small, often legitimate, piece of information or a minor issue (the 'kernel of truth') and exaggerating it or twisting its context to create a much larger, often false or misleading, narrative. This is used to sow doubt, justify extreme actions, or delegitimize institutions, as seen with election fraud claims or the Kennedy Center's 'disrepair'.
Thumb on the Scale
This refers to the act of exerting undue political influence or pressure on a process that should be independent and impartial, such as law enforcement investigations or judicial proceedings. The presence of high-ranking political appointees or direct presidential intervention in operational matters is seen as placing a 'thumb on the scale,' compromising the integrity of the process and pushing it towards authoritarianism.
Lessons
- Recognize the 'kernel of truth' strategy: Be critical of claims that extrapolate minor issues into widespread systemic failures, especially concerning elections or institutional integrity.
- Monitor the independence of law enforcement: Pay attention to instances where political leaders directly intervene or exert pressure on ongoing investigations, as this signals a move towards authoritarianism.
- Advocate for institutional checks and balances: Hold elected officials, particularly Congress, accountable for their role in checking executive power and protecting established norms and institutions.
- Understand the symbolic value of national memorials: Recognize that places like the Kennedy Center hold significant historical and cultural weight beyond their physical structure, and resist attempts to disrespect or dismantle them for political gain.
Quotes
"When we start getting into the world of political leaders nudging and shoving law enforcement, that starts getting into authoritarian land. That's just not the way the United States has worked."
"If Don Lemon is a journalist and getting a heads up about what's happening at that church, that is not an act of conspiracy. That is an act that journalists, you know, um, engage in all the time."
"The federal yes, elections happen at the local level and people vote for federal officers, but the constitution is explicit that the management of elections happens at the state and local level."
"The Kennedy Center is a memorial to a deceased president. It's not just a building. It's not just a, you know, a garden behind the White House. It is a memorial, a living memorial to a president of the United States."
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