Lawrence: Trump is Unindicted Coconspirator 1 in Arizona 'fake electors' indictment
In this episode of Rachel Maddow Presents: Déjà News, the indictment of 11 Republican "fake electors" in Arizona for their alleged plot to overturn Biden's 2020 victory is examined. Legal experts suggest the scheme was orchestrated from the top, potentially implicating Trump as an unindicted co-conspirator. The Supreme Court's consideration of Trump's immunity claims is also discussed, with arguments against blanket immunity from prosecution for alleged presidential misconduct.
Additionally, President Biden secures endorsement from major labor unions who credit his policies and infrastructure legislation for creating jobs and addressing pension issues that Trump failed to resolve. The episode offers insights into the legal and political implications of the 2020 election fallout and contrasts the approaches of the Trump and Biden administrations to union support.
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1-Page Summary
Fake Electors Scheme
Arizona's attorney general has indicted 11 Republican fake electors on felony charges for allegedly plotting to falsely certify Trump electors in 2020 to overturn Biden's victory in the state. Legal experts discuss the implications, with Timothy Heaphy and Andrew Weissmann suggesting the scheme was orchestrated top-down and implicates Trump as an unindicted co-conspirator.
Supreme Court Case on Trump's Immunity Claims
The Supreme Court will hear a landmark case on whether Trump has "full presidential immunity" from prosecution for alleged misconduct during his presidency. Weissmann argues against blanket immunity, saying no one is above the law.
Biden Secures Key Labor Union Support
President Biden has secured endorsement from North America's building trades unions, who credit his policies and infrastructure legislation for creating jobs and addressing pension issues that Trump failed to resolve. Sean McGarvey contrasts Biden's achievements with Trump's unfulfilled promises to unions.
1-Page Summary
Additional Materials
Clarifications
- The fake electors scheme in Arizona involved 11 Republican individuals who were indicted for allegedly attempting to falsely certify Trump electors in the 2020 election to overturn Biden's victory in the state. Legal experts suggest the scheme may have been orchestrated from the top-down and could implicate Trump as an unindicted co-conspirator. This case raises concerns about election integrity, the potential abuse of the electoral process, and the implications for democracy when individuals attempt to manipulate election outcomes through fraudulent means.
- Trump's immunity claims revolve around the argument that a sitting president is immune from prosecution for actions taken while in office. The Supreme Court case will determine whether this immunity is absolute or if a president can be held accountable for alleged misconduct during their presidency. This case is significant as it addresses the balance between presidential powers and accountability under the law. Andrew Weissmann has argued against the concept of blanket immunity, emphasizing the principle that no one, including the president, is above the law.
- Trump's unfulfilled promises to unions may refer to commitments or pledges made by former President Trump to support labor unions and their members during his time in office that were not fully realized or implemented as expected. This could include assurances related to job creation, worker protections, or other policies that were not effectively carried out to the satisfaction of the unions. The specific details of these unfulfilled promises would depend on the context of the interactions between Trump's administration and the labor unions during his presidency.
Counterarguments
- The indictment of the 11 Republican fake electors could be seen as a politically motivated action, and the individuals are entitled to a presumption of innocence until proven guilty in a court of law.
- The implication of Trump as an unindicted co-conspirator by legal experts does not equate to a legal conviction or proof of guilt; it is an opinion that would need to be substantiated through due legal process.
- Regarding presidential immunity, some legal scholars might argue that certain immunities are necessary to ensure that a president can perform their duties without fear of constant litigation, which could be seen as a counterbalance to Weissmann's stance against blanket immunity.
- While Biden has secured the endorsement of North America's building trades unions, it could be argued that the impact of his policies on job creation and pension issues might not be fully realized yet or may have unintended consequences that have not been addressed.
- The contrast between Biden's achievements and Trump's unfulfilled promises to unions could be subject to debate, with some arguing that Trump's policies also had positive economic impacts or that his administration faced unique challenges that hindered the fulfillment of certain promises.
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Fake Electors Scheme
Recent criminal indictments against 11 fake electors in Arizona have highlighted a broader discussion of how such cases might impact the political and legal landscapes.
Criminal indictments against 11 fake Trump electors in Arizona
The attorney general of Arizona, Chris Mayes, has charged 11 Republican fake electors with a series of felonies, stemming from a 13-month investigation into the fake electors scheme. The indictment accuses them of plotting to falsely certify electoral votes for Trump and Pence on December 14th, 2020, undermining Arizona's electorate.
The indictment states that the group falsely claimed they were the duly elected and qualified electors for president and vice president from the state of Arizona. The plan was to use these fraudulent electors on January 6th to encourage Vice President Mike Pence to reject the certified Biden-Harris electors' votes, despite all legal challenges to the 2020 election outcomes in Arizona courts being unsuccessful.
The scheme is framed as a conspiracy to defraud aimed at preventing the lawful transfer of the presidency to keep Donald J. Trump in office against the intent of Arizona voters. Eric Hirschman, a White House counsel, is cited in the indictment refusing to sign off on what he regards as illegal votes.
Reactions from legal experts
During a conversation moderated by Lawrence O'Donnell, with Timothy Heaphy and Andrew Weissmann, the legal implications of this indictment are explored. Weissmann describes the alleged conspiracy as behavior typically associated with "petty banana republics" and a threat to democracy.
Heaphy compares the Arizona scheme to the Georgia case, where evidence showed Trump personally encouraging election officials to alter the outcome. In contrast, Arizona lacks direct evidence of Trump's engagement. Kenneth Cheesebro, connected to the Georgia case, has pleaded guilty and could be cooperating with the Arizona investigation.
Weissmann underscores that this ...
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Fake Electors Scheme
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Clarifications
- The fake electors scheme involved individuals falsely claiming to be legitimate electors in Arizona to manipulate the electoral process. This scheme aimed to disrupt the certification of electoral votes for the 2020 presidential election. The implications of this scheme include legal consequences for those involved and potential impacts on the democratic process. It raises concerns about the integrity of the electoral system and the potential influence of such actions on election outcomes.
- The fake electors in Arizona were charged with felonies for plotting to falsely certify electoral votes for Trump and Pence, aiming to influence the outcome of the 2020 election. The indictment accused them of claiming to be the duly elected electors for president and vice president from Arizona, intending to disrupt the electoral process. The charges highlighted a conspiracy to defraud, attempting to prevent the lawful transfer of the presidency. The scheme involved using fraudulent electors to sway Vice President Pence to reject certified Biden-Harris electors' votes.
- Eric Hirschman served as a White House counsel during the Trump administration. In the context of the fake electors scheme in Arizona, Hirschman's text refusing to sign off on what he deemed as illegal votes is cited in the indictment. This suggests his hesitance to endorse unlawful activity related to the certification of electoral votes. The mention of Hirschman in the text indicates his involvement in the events surrounding the scheme and his stance against actions that could undermine the lawful transfer of the presidency.
- In the Arizona case, fake electors were charged with plotting to falsely certify electoral votes for Trump and Pence, aiming to influence the outcome of the 2020 election. In contrast, the Georgia case involved evidence of Trump personally pressuring election officials to change the election results. The Arizona scheme lacked direct evidence of Trump's direct involvement, unlike the Georgia case where Trump's actions were more overt. Both cases highlight attempts to manipulate the electoral process but differ in the level of direct involvement by Trump.
- In legal terms, an "unindicted co-conspirator" is someone who is alleged to have participated in a conspiracy but has not been formally charged in the indictment. This designation suggests that the ...
Counterarguments
...
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Supreme Court Case on Trump's Immunity Claims
The Supreme Court is posed to hear a landmark case concerning former President Donald Trump and his claims of "full presidential immunity" related to alleged misconduct during his tenure.
Trump argues he has "full presidential immunity" from prosecution
Donald Trump has appealed the January 6th case to the Supreme Court, claiming criminal immunity for crimes he may have committed while president. On social media, Trump asserted that the president must have complete presidential immunity, though he did not provide evidence or cite any founders or scholars to support his perspective.
Historians dispute Trump's immunity claims
In the discussion of this high-stakes Supreme Court case, fifteen prominent historians dispute the notion that a president—or former president—has complete immunity from criminal prosecution. They have submitted a brief to the Court, asserting that there is no historical evidence to suggest the framers ever intended for a president to have immunity from prosecution once out of office. These historians argue that granting immunity for the crimes alleged would be against the framers' principles, as it would upset the constitutional balance and prevent a president from being held accountable to the governed.
Questions the Court should address
Timing of a Supreme Court ruling
The podcast suggests that the Court's decision will be a significant one, raising questions about how promptly the Court might rule on such a consequential issue.
Substance of Trump's immunity argument ...
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Supreme Court Case on Trump's Immunity Claims
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Clarifications
- The brief submitted to the Court by fifteen prominent historians disputes the notion of complete presidential immunity from criminal prosecution. These historians argue that there is no historical evidence supporting the idea that a president, or former president, should have immunity from prosecution once out of office. They assert that granting immunity for alleged crimes would contradict the framers' intentions and upset the constitutional balance, preventing accountability to the governed.
- Constitutional balance in this context refers to the distribution of powers and limitations within the framework of the Constitution to ensure no single branch of government or individual holds unchecked authority. It aims to maintain a system where each branch of government has defined roles and responsibilities, preventing any one entity from dominating or overreaching its power. This concept is crucial for upholding the principles of checks and balances, ensuring accountability, and safeguarding against potential abuses of power within a democratic system. The idea of constitutional balance is fundamental to the functioning of a democratic society, where the rule of law and the separation of powers are upheld to prevent tyranny and promote good governance.
- Lawrence O'Donnell is a television host, political commentator, and writer known for his work on MSNBC. Andrew Weissmann is a former federal prosecutor who served as the Chief of the Fraud Section of the U.S. Department of Justice. In the context of the text, O'Donnell and Weissmann are discussing the legal implications of Trump's immunity claims ...
Counterarguments
- Trump's argument for "full presidential immunity" may be based on a broad interpretation of the separation of powers and the executive's unique role in the constitutional framework, which some legal scholars might support.
- The concept of presidential immunity, while not absolute, could be argued as necessary to ensure that a sitting president can perform their duties without the distraction of litigation, though this does not necessarily extend to after their term.
- The framers' intentions regarding presidential immunity are subject to interpretation, and some constitutional scholars might argue that historical evidence is inconclusive or supports some form of immunity.
- The constitutional balance might be argued to include protecting the executive branch from judicial overreach, which some believe could occur if a president is subject to prosecution for actions taken while in office.
- The timing of a Supreme Court ruling is a procedural matter, and there could be valid reasons for the Court to take more time to consider the implications of its decision, such as the complexity of the legal questions involved.
- The substance of Trump's immunity arguments could be seen as an opportunity to clarify the scope and limits of presidential powers and immunities, which some legal theorists might find necessary.
- Comparin ...
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Biden Secures Key Labor Union Support
President Biden has garnered pivotal support from construction workers as part of North America's building trades unions, signaling a significant political gain with a key workforce demographic.
Construction unions endorse Biden, praise his policies
The construction workers of North America's building trades unions have officially endorsed President Biden. Trade union members notably acknowledged the impact of Biden's policies on their livelihood, highlighting the positive effects on their pensions during his administration. They attribute nearly $700 billion in private sector investments in burgeoning sectors under Biden to the creation of tens of thousands of good-paying jobs. Furthermore, they give credit to Biden for the apparent doubling of new factory construction since he took office.
Infrastructure legislation delivering jobs
The International Union of Painters and Allied Trades, a member of North America's Building Trades Unions, has expressed strong support for Biden's infrastructure bill, citing its critical role in providing employment for workers. In promoting the infrastructure bill's success, Biden took a firm stance in contrasting his achievements with the promises of his predecessor Trump, who, according to Biden, "never built a damn thing." With a tone infused with humor about some of Trump's past contentious statements and policy lapses, Biden showcased his administration's effective enactment of the infrastructure legislation and its support for pension systems.
Sean McGarvey, president of North America's building trades unions, emphasized that Trump's failure to fulfill his promises to solve p ...
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Biden Secures Key Labor Union Support
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Clarifications
- President Biden's policies have positively impacted construction workers' pensions by facilitating nearly $700 billion in private sector investments, leading to the creation of tens of thousands of well-paying jobs. This support has been crucial in bolstering pension funds and ensuring financial security for union workers in the construction industry. Biden's focus on infrastructure development has not only boosted job opportunities but also contributed to the stability and growth of pension systems for these workers. The endorsement from construction unions underscores the recognition of Biden's efforts in enhancing pension benefits and overall economic prospects for workers in the sector.
- President Biden's infrastructure achievements, as highlighted by the construction unions, include significant private sector investments leading to job creation and increased factory construction. In contrast, Trump's promises regarding infrastructure and pension issues were criticized for not being fulfilled during his administration. Biden's administration is praised for its actions in supporting pension systems and enacting infrastructure legislation, which were areas where Trump was perceived to have fallen short.
- The Biden-Harris administr ...
Counterarguments
- The endorsement of construction workers may not reflect the views of all union members or the broader workforce.
- While Biden's policies may have positively impacted some workers' pensions, others may argue that more comprehensive pension reform is needed to address systemic issues.
- The claim of $700 billion in private sector investments could be scrutinized for its direct correlation with Biden's policies, as economic growth can be influenced by a multitude of factors.
- The doubling of new factory construction might be attributed to market trends or technological advancements rather than solely the result of Biden's policies.
- Some may argue that while the International Union of Painters and Allied Trades supports Biden's infrastructure bill, other unions or workers might have reservations about the bill's provisions or its implementation.
- Critics might suggest that contrasting Biden's achievements with Trump's unfulfilled promises oversimplifies complex policy issues and ignores other contributing factors.
- The effectiveness of the enacted infrastructure legislation could be debated, with some suggesting that the outcomes may not meet the expectations set forth by ...
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