Republican leadership has gone on the offensive to protect Donald Trump from a possible indictment from New York. Speaker McCarthy called his party’s efforts, a defense of “equal justice,” while others like Rep. Jim Jordan called the whole possible indictment a “sham.” Chairman of the House Oversight Committee, James Comer, and Representative Byron Donalds have instead gone on television to refer to it as a “two-tier” prosecution used to target Republicans.
Despite Republican’s claims, history paints a different picture when it comes to the indictment of public officials. Both parties have had members from different levels of government be indicted for their role in financial scams, conspiracies, or campaign fund misuse. Trump is expected to face charges, including but not limited to, falsifying business records when reimbursing his personal lawyer, Michael Cohen, after Cohen made a $130,000 hush money payment to adult-film actress, Stormy Daniels, to cover an alleged affair between the two.
Trump’s potential indictment would not be unique, former Baltimore Mayor, Catherine Pugh, was sentenced to three years in federal prison on charges of conspiracy to commit wire fraud, among others, in an effort to enrich herself and promote her political career. Former congressman, T.J. Cox was charged with several counts of financial fraud, which included lying on a mortgage application. Both Pugh and Cox were Democrats.
Other former public officials who were found guilty of defrauding the American public have gone on to be absolved by President Trump via presidential pardon. Former Republican Congressman Duncan Hunter was sentenced to 11 months in prison for his role in misusing $250,000 in campaign funds. Hunter concealed his crimes by falsely reporting to his campaign treasurer that his expenses were campaign related. Assistant U.S. Attorney, Phil Halpern argued for a strong sentence for Hunter due to the congressman refusing to cooperate and instead lying and misleading hundreds of thousands of constituents to protect himself. Trump pardoned Duncan Hunter. Former Illinois Governor Rod Blagojevich, was also pardoned by Trump despite being found guilty on wire fraud and corruption charges. Trump defended Blagojevich and again attacked the Justice system by critiquing the FBI and U.S. Attorney that investigated the former Democratic governor.
It seems like the uniqueness of the situation is not the potential charges against the former President, but the tax-payer fueled defense from Republican leadership to come to his aid. Speaker McCarthy attacked the Manhattan DA, Alvin Bragg, and instead announced he would be, “directing relevant committees to immediately investigate” the prosecution. Now, three Republican chairmen (Jordan, Comer, and Steel) have sent a letter to DA Bragg accusing him of actions that will “erode confidence in the evenhanded application of justice” and “interfere in the course of the 2024 election.” Chairman of the House Judiciary, Jim Jordan, has planned for a long time to use his investigative powers to “frame up the 2024 race” and “make sure that [Trump] wins.” Rep. James Comer has also recently reflected that when pressured by his constituents to act upon unhinged claims, “you know, the customer’s always right.”
Looking back at Trump’s comments from 2016, “I could stand in the middle of fifth avenue and shoot somebody, and I wouldn’t lose any voters, ok.” Republicans are going to make sure he wouldn’t go to jail for it too.
Republicans Continue To Claim Trump’s Indictment Is A Politically-Motivated “Sham” That Is Allegedly Targeting Republicans
REPUBLICAN LEADERS HAVE DEFENDED FORMER PRESIDENT TRUMP AND REFERRED TO HIS POSSIBLE INDICTMENT AS A “SHAM”
Speaker McCarthy Claimed House Republicans Were Not Defending Trump From A Possible Indictment Due To Hush Money Payments To An Adult-Film Actress, But Claimed “We’re Coming To Defend Equal Justice.” “House Speaker Kevin McCarthy (R-Calif.) on Tuesday sought to downplay the legal case related to a hush-money payment by former president Donald Trump to an adult-film actress, saying it involved ‘personal money’ and shouldn’t be able to be prosecuted under the statute of limitations. ‘I think you know in your heart of hearts that this is just political,’ McCarthy told reporters at a House Republican retreat in Orlando. ‘And I think that’s what the rest of the country thinks. And we’re kind of tired of that.’ He later told reporters, ‘We’re not coming here to defend President Trump, we’re coming to defend equal justice.’” [Washington Post, 3/21/23]
Jim Jordan On DA Bragg’s Possible Indictment Of Former President Donald Trump, “God Bless President Trump. Real America Knows This Is All A Sham.” [Rep. Jim Jordan, Twitter, 3/18/23]
REPS JAMES COMER AND BYRON DONALDS SUGGESTED BRAGG INDICTED DONALD TRUMP WOULD SUGGUEST A “TWO-TIER PROSECUTION” MEANT TO TARGET REPUBLICANS
While On Fox News, Byron Donalds Suggested District Attorney Bragg Indiciting Trump Would Reflect A “Two-Tier Prosecution” In The American Justice System, Which “Target[s]” Republicans. “On Sunday, Republican Rep. Byron Donalds said on Fox News that Bragg indicting Trump would reflect “two-tier prosecution” in the American justice system, which allegedly “target[s]” Republicans while presumably giving a pass to Democrats.” [The Bulwark, 3/23/23]
Rep. James Comer Claimed Trump’s Indictment Would Have “Very Odd” Timing Due To Revelations From Other Oversight Investigations And Claimed It Was Another Example Of A “Two-Tier” Justice System. During a Fox Business interview with Maria Bartiromo, COMER: “Well, it’s very odd that this would come out just the very next day after I revealed bank records which showed that the Biden family, the president in particular, hasn’t been truthful with respect to his family receiving payments directly from the Chinese Communist Party. So it almost looks like it’s an effort to detract, but at the very least, it’s another example of a two-tier system of justice. Look, we’ve been looking into these classified documents, we saw the FBI raided Mar-a-Lago for one set of supposedly mishandled classified documents, but yet Joe Biden has had at least five different locations of mishandled classified documents and they give him days and days to go in and clean up with his attorneys. So this looks to me like it’s another example of a two-tiered system of justice at the DOJ.” [Fox Business: Sunday Morning Futures, 3/19/23]
Trump’s Indictment Would Not Be Unique, Several Politicians From Both Parties Have Been Charged For Their Involvement In Financial Crimes – Some Have Even Been Pardoned By Trump While He Was President
TRUMP IS EXPECTED TO BE INDICTED FOR HIS INVOLVEMENT IN FALSIFYING BUSINESS RECORDS WHEN MAKING HUSH MONEY PAYMENTS TO STORMY DANIELS – A FELONY UNDER NEW YORK STATE LAW
Trump’s Former Lawyer, Michael Cohen, Implicated Donald Trump In A $130,000 Hush Money Payment To Stormy Daniels, Which Cohen Was Reimbursed For By The Trump Organization While Donald Trump Was In Office – Cohen’s Reimbursement Was Signed By Donald Trump, And Listed In An Invoice As A Fake “Retainer Agreement,” Which New York State Law Considered A Crime. “Factually, the case is straightforward. Trump’s former lawyer and fixer Michael Cohen paid [Stormy] Daniels $130,000 just days before the 2016 election. In Cohen’s version of events, this was done at the direction of his boss because Daniels was on the cusp of going public about an affair she alleges she had with Trump in 2006. Trump, while he was in the White House, reimbursed Cohen, but has consistently denied the affair. […] According to Mark Pomerantz, a former prosecutor who worked closely on the case and recently published a book about his experience, Cohen submitted phony invoices throughout 2017 referencing a ‘retainer agreement’ and requesting payment. Then Cohen received a series of checks, hand-signed by Trump while he was in the White House. The legal problem is there was no retainer agreement — according to Pomerantz, it was all done to cover up the hush money scheme. The fake documentation of ‘legal expenses’ on the Trump Organization’s books could trigger a charge under New York state law, which makes falsifying business records a crime.” [NBC News, 3/20/23]
- Falsifying Business Records Was Considered A Felony Under New York State Law. “A core crime that the Manhattan District Attorney will likely include in an indictment of former President Donald Trump is ‘falsifying business records in the first degree,’ a felony under New York State law (N.Y. Penal Code § 175.10). Prosecutors and indeed all of us are compelled by the rule of law to consider how such a charge compares to past prosecutions. Are like cases being treated alike?” [Just Security, 3/21/23]
TRUMP’S INDICTMENT IS NOT UNIQUE AND SEVERAL PUBLIC OFFICIALS HAVE BEEN CHARGED AND SENTENCED FOR FRAUD AND FINANCIAL CRIMES AT ALL LEVELS OF GOVERNMENT – INCLUDING DEMOCRATS
Former Baltimore Mayor Catherine Pugh, A Democrat, Was Indicted For Conspiracy To Commit Fraud And Tax Evasion, Which Coincided With Her Time In Public Office
Catherine Pugh Was Sentenced To Three Years In Federal Prison On Charges Of Conspiracy To Commit Wire Fraud, Tax Evasion And Conspiracy To Defraud The United States Government. “U.S. District Judge Deborah K. Chasanow today sentenced Catherine Elizabeth Pugh, age 69, of Baltimore, Maryland, to three years in federal prison, followed by three years of supervised release, on charges of conspiracy to commit wire fraud, conspiracy to defraud the United States, and two counts of tax evasion. Judge Chasanow also ordered Pugh to pay $411,948 in restitution and to forfeit $669,688 including property on Ellamont Road in Baltimore and $17,800 from the Committee to Re-elect Catherine Pugh.” [District of Maryland, U.S. Attorney’s Office, Department of Justice, 2/27/20]
- Pugh Admitted That From 2011 – 2019 She Conspired To Defraud Purchasers Of Healthy Holly Books To Enrich Herself And Promote Her Political Career, She Did So By Double-Selling Books, And Not Delivering Purchased Books. “Pugh admitted that from November 2011 until March 2019, she conspired with Gary Brown to defraud purchasers of Healthy Holly books in order to enrich themselves, promote Pugh’s political career, and fund her campaign for mayor. Pugh and Brown admitted that they employed several methods to defraud, including: not delivering books after accepting payments for the books; accepting payments for books to be delivered to a third party on behalf of a purchaser, then converting some or all of the purchased books to their own use without the purchaser’s or third party’s knowledge; and by double-selling books without either purchaser’s knowledge or consent.” [District of Maryland, U.S. Attorney’s Office, Department of Justice, 2/27/20]
Pugh Was The Former Democratic Mayor Of Baltimore, Maryland, And According To The Indictment The Funds In Question Coincided With Her Time In The Maryland State Senate. “Ms. Pugh, a Democrat [mayor] and a fixture in Baltimore politics for two decades, received at least $600,000 for the books before and after she became mayor in 2016, according to the indictment. The period also coincided with her tenure as a member of key health committees in the State Senate.” [New York Times, 11/20/19]
Former Congressman, T.J. Cox Was Charged With Several Counts Of Financial Fraud – Including Lying On A Mortgage Loan Application
One-Term Democratic Rep. TJ Cox Was Arrested For Dozens Of Charges Of Financial Fraud, Which Included Lying On A Mortgage Application, And Using Business Entities To Enrich Himself While Saddling Partners With Losses. “The FBI arrested former one-term Democratic Rep. T.J. Cox on dozens of charges related to financial fraud, according to public records with the Fresno County Sheriff’s Office. […] The federal indictment accuses Cox of using a cluster of business entities to enrich himself while saddling business partners with losses. The document describes a scheme in which Cox siphoned off money into secret accounts and used the proceeds to pay off his own debts, cover personal costs like private school tuition and fund his political ambitions. He allegedly fabricated a board meeting to secure loan funding and lied on a mortgage loan application.” [Politico, 8/16/22]
TRUMP HAS EVEN PARDONED FORMER PUBLIC OFFICIALS WHO WERE FOUND GUILTY OF DEFRAUDING THE AMERICAN PUBLIC – SHOWING A PERPETUAL DISREGARD FOR THE RULE OF LAW
Former Congressman Duncan Hunter Sentenced To 11 Months In Prison For Stealing Campaign Funds – Later Pardoned By Trump
U.S. Rep. Duncan Hunter Was Sentenced To 11 Months In Prison For His Role In Misusing $250,000 In Political Campaign Funds To Sustain An Affluent Lifestyle. “Former U.S. Representative Duncan D. Hunter was sentenced today to 11 months in prison for his admitted role in a years-long conspiracy to knowingly and willfully steal $250,000 in campaign funds that he and his wife used to maintain their lifestyle when their family was otherwise drowning in debt.” [Southern District of California ,U.S. Attorney’s Office, Department of Justice, 3/17/20]
Assistant U.S. Attorney, Phil Halpern, Argued For A Strong Sentence Due To Hunter’s Unwillingness To Cooperate And Repeated Lies To Mislead Hundreds Of Thousands Of Constituents, “A Price Must Be Exacted When An Elected Representative Seeks To Cover Up Corruption By Hiding Behind Lies.” “Assistant U.S. Attorney Phil Halpern, in arguing for a strong sentence, told the court: ‘Rather than admit his guilt and resign his seat when the charges came to light, or even when he was originally charged, Hunter chose to mislead the more than 700,000 people who live in the 50th congressional district.’ ‘As we now know, Hunter lied to the people about his guilt. Not once, but countless times. As a result of his duplicity, the voters were robbed of their right to representation in Congress – representation they are denied to this day. A price must be exacted when an elected representative seeks to cover up corruption by hiding behind lies.’” [Southern District of California ,U.S. Attorney’s Office, Department of Justice, 3/17/20]
- Hunter Concealed His Crimes By Falsely Reporting To His Campaign Treasurer That His Expenses Were Campaign Related. “Among their improper spending, the Hunters paid $2,448.27 in campaign funds in August 2011 for a ‘couples’ vacation in Las Vegas, Nevada, which Hunter concealed by falsely reporting to the campaign treasurer that the expenses were all ‘campaign related.’” [Southern District of California ,U.S. Attorney’s Office, Department of Justice, 3/17/20]
Trump Granted Rep. Duncan Hunter A Full Pardon. “The White House said in a statement that Trump was granting full pardons to 15 people and commuting parts or all of the sentences of five others. Among those granted clemency were Republican former Reps. Duncan Hunter of California and Chris Collins of New York and four ex-Blackwater contractors convicted in the killings of Iraqi civilians.” [NBC News, 12/22/20]
Former Illinois Governor, Rod Blagojevich, Was Indicted On Federal Corruption Charges And Fraud – Pardoned By Trump
Democratic Governor Blagojevich, Was Indicted On 16 Felony Counts, Which Included Wire Fraud, Making False Statements To Federal Agents, And Extortion Conspiracy, Among Others. “A federal grand jury indicted the 52-year-old Democrat on 16 felony counts, including racketeering conspiracy, wire fraud, extortion conspiracy, attempted extortion and making false statements to federal agents. Blagojevich, who claims he did nothing wrong and is a victim of a political witch-hunt, has promised to fight the charges in court and has a book contract to tell his side.” [Reuters, 4/2/09]
Trump Pardoned Rod Blagojevich And Claimed He Was A Victim Of The Same Forces That Investigated Him, Including The FBI And The U.S. Attorney That Prosecuted Blagojevich. “[Trump] also commuted the sentence of Rod R. Blagojevich, a former Democratic governor of Illinois. […]But Mr. Trump defended his grants of clemency on Tuesday. He was particularly critical of the 14-year prison sentence for Mr. Blagojevich,” […] “That was a tremendously powerful, ridiculous sentence, in my opinion,” Mr. Trump said after announcing that Mr. Blagojevich would go free after serving eight years. The president alleged that the former governor was a victim of the same forces that investigated him for years, citing James B. Comey, the former F.B.I. director, and Patrick Fitzgerald, the U.S. attorney in Chicago who prosecuted Mr. Blagojevich.” [New York Times, 2/18/22]
Meanwhile, Republican Leadership Is Throwing The Entire Weight Of Their Committees To Protect Trump From A Possible Indictment
SPEAKER OF THE HOUSE, KEVIN MCCARTHY, DIRECTED RELEVANT COMMITTEES TO GO AFTER MANHATTAN DA, ALVIN BRAGG
Kevin McCarthy Claimed DA Bragg Was Pursuing Political Vengeance Against Donald Trump And Claimed He Would Be “Directing Relevant Committees To Immediately Investigate” The Prosecution. “Here we go again — an outrageous abuse of power by a radical DA who lets violent criminals walk as he pursues political vengeance against President Trump. I’m directing relevant committees to immediately investigate if federal funds are being used to subvert our democracy by interfering in elections with politically motivated prosecutions.” [Kevin McCarthy, Twitter, 3/18/23]
THREE REPUBLICAN CHAIRMEN ARE AIDING TRUMP’S EFFORTS TO OBSTRUCT investigations into his crimes
Chairmen Jim Jordan, James Comer, And Bryan Steil Sent A Letter To DA Bragg Accusing Him Of “Actions [That] Will Erode Confidence In The Evenhanded Application Of Justice And Unalterably Interfere In The Course Of The 2024 Presidential Election’” “House Republicans followed through with a pledge to investigate Bragg over claims of a politicized judicial process — but the probe is still in its infancy. Reps. Jim Jordan (R-Ohio), James Comer (R-Ky.) and Bryan Steil (R-Wis.) — the chairs of the Judiciary, Oversight and Administration committees — fired off a letter to Bragg accusing him of ‘actions [that] will erode confidence in the evenhanded application of justice and unalterably interfere in the course of the 2024 presidential election’ if Trump is indicted.” [Politico, 3/21/23]
Trump’s Lawyer, Joseph Tacopina, Wrote Chairman Jim Jordan Calling On Congress To Investigate The “Abuse Of Power’ From A “Rogue Local District Attorney.” “Still, Mr. Trump’s lawyers have quietly urged the Republican-led House to interfere. Last month, Mr. Trump’s lawyer Joseph Tacopina wrote to Mr. Jordan calling on Congress to investigate the ‘egregious abuse of power’ by what he called a ‘rogue local district attorney,’ according to a copy of the letter obtained by The New York Times.” [New York Times, 3/20/23]
- August 2022: While Referencing The Way Republicans Would Use Investigative Oversight, Jim Jordan Claimed, “That Will Help Frame Up The 2024 Race, When I Hope And I Think President Trump Is Going To Run Again. And We Need To Make Sure That He Wins.” “But other Republicans are more open in depicting their broader oversight as a way to tee up a 2024 election where they hope to win back the White House ‘That will help frame up the 2024 race, when I hope and I think President Trump is going to run again. And we need to make sure that he wins,’ Rep. Jim Jordan (R-Ohio), who’s set to chair the Judiciary Committee under a 2023 GOP majority, said at a CPAC conference in Texas late last week.” [Politico, 8/10/22]
Rep. James Comer, Reflected On The Pressure He Faced From Constituents To Investigate Unhinged Claims, “You Know, The Customer’s Always Right” Despite His Constituents Asking Him To Act Upon Lies. “Representative James R. Comer, the chairman of the Oversight and Accountability Committee, reflected on the pressure he often faced from constituents to investigate unhinged claims about President Biden and Democrats. ‘You know, the customer’s always right,’ Mr. Comer said wryly, of his approach to the people who elected him and now brandish conspiracy theories, vulgar photographs featuring the president and his son, Hunter, and other lies they expect him to act upon.” [New York Times, 3/21/23]