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The Executive Branch Must Act Within Its Authority


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Lawfare Against Trump Failed and May Have Elected Him

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To Be Determined

Published in The Galveston Coumty Daily News
December 3, 2024


Recently lawsuits to put Donald Trump in jail have been dismissed or put on ice.

- The Fulton County Georgia case [which was embroiled with allegations of an inappropriate romantic relationship between DA Willis and her lead prosecutor] was pending an appeal.  The actual election-interference case never went to trial.  November 18th the appeals court cancelled its December 5th oral arguments putting a “permanent hold” on the case.

- On November 26th the Florida federal classified documents case [in which the FBI is accused of mishandling evidence and staging photographs for media release] was dismissed by the 11th Circuit Court of Appeals.   

- The obstruction of justice indictment in Washington, DC. was impacted by the SCOTUS ruling that said, US presidents have immunity for actions taken related to their official duties. On November 26th U.S. District Judge Tanya Chutkan dismissed the case following Trump’s election victory.  

The only case left is Trump’s conviction in Manhattan,  in which the DA Alvin Bragg pieced together a misdemeanor violation with an alleged federal violation of election interference, thereby upgrading the case to a felony. Because the statute of limitations had run out on the misdemeanor, and because Bragg wanted a felony conviction, he needed to tie the two together.

Appealable concerns with the case: The judge:

  • was biased, having declared Trump guilty before the trial even started;

  • refused to allow an expert witness from the Federal Elections Commission to testify that Trump hadn’t violated any federal election laws – an essential link to upgrade the case to a felony; and

  • refused to recuse himself from this case after it was revealed his daughter was receiving a financial benefit from the case.

The judge had postponed sentencing President Trump numerous times prior to the November 5th election. The latest date for sentencing was November 26th but after Trump’s reelection, he postponed sentencing until 2029.   There are several problems with this.  If the judge had proceeded with sentencing, the case would be open to being appealed.  Legal experts from ALL political backgrounds have said the conviction would be overturned because of the judge’s actions.  Currently Trump’s detractors can say he is the first president who is a convicted felon; which we would contend is exactly what the judge and DA Bragg want.  

Noted attorney/legal scholar Alan Dershowitz (D) has suggested Trump’s legal team file a writ of mandamus to prevent DA Bragg and the judge from drawing the case out and holding it over Trumps head for four years.  A writ of mandamus is a “legal action that compels a lower court or government official to perform their duties or correct an abuse of discretion.”  If the writ is denied, it would be appealed and would, most likely, be approved by higher courts. This would  force Trump’s sentencing which, in turn, would force an appeal of the entire case -- an action which would most likely lead to the entire case being dismissed.

The Democrat elites’ lawfare failed, it actually may have helped Trump get reelected.



About the Authors and ColumnistsBill Sargent and Mark Mansius

2024

Bill Sargent and Mark Mansius have written
over 275 guest columns and editorials over the
last ten years and continue to do so.
Bill lives in Galveston, Texas and Mark in St. Georges, Utah.
Both ran against each other in the 2012 Republican Primary
for Texas Congressional District 14, since then
they have become close friends and colleagues.
.