Lawfare Tracker

Key sections of this page:

First, just for fun:

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Selective Prosecution of Donald Trump

Evidence of Biden administration collusion with prosecution efforts:

New York hush money case:

  • Simple facts demonstrating selective prosecution:
    • Trump is being prosecuted for numerous counts of “falsifying business records” allegedly related to hush-money payments.
    • The charges were upgraded from the misdemeanor version of this statute to the felony version because only the felony version’s statute of limitations is long enough for the charges to be brought.
    • Charging the felony version of this statute requires that the defendant allegedly committed another crime in connection with the alleged falsification of business records.
    • The indictment document attempts to satisfy the felony requirements by repeatedly using the language “with intent to defraud and intent to commit another crime” but never states what that “other crime” is.
    • These allegations stated in the indictment are allegedly connected to hush-money payments, but the document never explains how this amounts to falsification of business records with intent to defraud.
    • In the case, testimony from David Pecker explains that many politicians engage in efforts to suppress negative information about themselves and that such efforts are “standard operating procedure.” Arnold Schwarzenegger and Rahm Emanuel are examples of two such politicians mentioned in the testimony. However, Donald Trump is the only one ever criminally charged for such actions.
  • Susan Hoffinger, the prosecutor who questioned Stormy Daniels, made the following donations:
    • Two donations totaling $500 to the Biden campaign in early 2020
    • More than $900 to ActBlue during the 2020 election cycle
  • Judge Juan Merchan’s daughter, Loren Merchan, is a Partner and President at left-wing political consulting firm Authentic Campaigns, which helped two Democrat clients, notably Adam Schiff and the Senate Majority PAC, raise a total of $93.6 million off of the New York criminal case against Trump.
  • According to testimony by D.A. Bragg’s paralegal, Bragg’s office deleted from its evidence three pages of phone records between Michael Cohen and Stormy Daniels’ lawyer Keith Davidson without notifying Trump’s legal team. This is potential evidence-tampering, which is a felony according to N.Y. Penal Law § 215.40

Georgia election interference case:

  • Accusations in the indictment against Trump and numerous co-defendants include the following:
    • Attempting to appoint alternate electors in Georgia and other states
    • Making accusations of election fraud that were said to be false
    • Making phone calls to one or more Georgia elected officials telling them to “find” votes
    • Publicly declaring election victory
    • Making numerous social media posts about ongoing related current events
  • Simple facts demonstrating selective prosecution:
    • Alternate electors were also appointed in Hawaii in the 1960 presidential election. There was no prosecution then, and no one has ever been prosecuted for attempting to impanel alternate electors.
    • No public office candidate has ever been prosecuted in the United States for making accusations of election fraud. Additionally, with the mass mail-in ballots and other issues with the 2020 election that were never sufficiently investigated, suspicions of election fraud are much more understandable.
    • Asking a key government official to “find” votes is not a crime. The key word is “find,” which implies that the votes that need to be “found” already exist and are legitimate. This is in contrast to the word “create,” which would imply creating new previously nonexistent votes, but this didn’t happen.
    • Declaring election victory is not a crime. This falls along the lines of free speech, and other non-winning candidates have done this in the past. A notable example is Stacey Abrams declaring herself the winner of the Georgia gubernatorial race.
    • Likewise, making social media posts about current events is not a crime and again falls along the lines of free speech. If it were a crime, then huge numbers of people would have to be prosecuted.

Classified documents case:

  • Simple facts demonstrating selective prosecution:
    • Trump is being prosecuted for something that all U.S. presidents have done in recent decades, possessing classified or formerly classified documents on his private property.
    • Like other presidents, Trump was able to declassify documents at his discretion during his presidency.
    • Like other presidents, Trump had discussions and possibly disagreements with the National Archives and Records Administration regarding the handling of classified and unclassified documents at locations other than the White House.
    • Joe Biden has transferred classified documents to his private property for decades, both as vice president and as a senator, but he had no authority to declassify documents during those times.
    • Biden’s cooperation with an investigation doesn’t make him any less guilty of a potential crime, just as a bank robber wouldn’t be relieved of criminal charges by virtue of mere cooperation after the fact.
    • Despite these points, the investigation of Biden was closed while Trump remains the only former president to ever be indicted and the only former president to ever have his residence raided by the FBI.
  • Relevant links and several key court documents:

January 6th case:

  • Accusations in the indictment against Trump and numerous co-defendants include the following:
    • Questioning the election results and alleging potential election fraud to convince state legislators and election officials to stop the certification process and investigate accordingly
    • Organizing alternate electors in certain states (overlaps with the Georgia case)
    • Using the DOJ to conduct election crime investigations
    • Attempting to enlist VP Pence to reject electoral results and send them back to certain state legislatures for review
    • Inciting the riotous activity on January 6, 2021
  • Simple facts demonstrating selective prosecution:
    • Questioning election results and alleging election fraud are not crimes, and many have done one or both of these things in the past, including Hillary Clinton and Stacey Abrams.
    • As described above for the Georgia case, presenting alternate electors is not a crime.
    • Using the DOJ to conduct criminal investigations is part of a president’s official conduct and therefore must be immune from prosecution. Other presidential official acts for which no prosecutions have been attempted include George W. Bush lying to Congress about weapons of mass destruction, Obama carrying out drone strikes on innocent people, and Biden recklessly exiting Afghanistan causing the deaths of 13 service members.
    • Asking a vice president to reject electoral results and send them back to states for further review is not a crime and is part of basic freedom of speech.
    • Trump’s words on January 6, 2021, did not incite any riotous activity, and his words encouraging his supporters “to peacefully and patriotically” make their voices heard suggest the exact opposite. Chuck Schumer, Maxine Waters, and others have used far more incendiary language while addressing their supporters, and they were never prosecuted.

New York real estate valuation civil case:

  • Complaint Document
  • Simple facts demonstrating selective targeting of Donald Trump
    • The complaint document goes into significant detail of many instances in which Trump allegedly fraudulently inflated valuations of real estate properties to obtain loans from banks.
    • In some of these instances, the complaint suggests ridiculously low property valuations as being more appropriate, such as the tax-based valuations determined by the county.
    • Trump’s actions that are alleged to be fraudulent in this case are really nothing more than negotiations between Trump’s business and various banks. Trump determines his valuation of a property, and the bank does its due diligence and determines its own counter-valuation. Ultimately, the two parties come to agreement and a deal is reached.
    • Trump couldn’t have defrauded the banks if he tried because the banks always do their due diligence and determine their own idea of property valuation. The initial valuations determined by both sides are merely opinions.
    • None of the banks that dealt with Trump have ever complained about being defrauded or about anything else related to the deals.
    • As described by Kevin O’Leary and others, real estate businesses engage in these activities as a matter of routine. However, Donald Trump is the only one to ever face a lawsuit for such activities.
    • Neither the New York attorney general nor the judge in the case understand the real estate business that they’re trying to navigate.

Kevin O’Leary’s reactions to events in New York real estate valuation civil case:

The indictment documents and other court documents for the four criminal cases above can be found here: https://www.lawfaremedia.org/current-projects/the-trump-trials.

Bill Stevenson, Jill Biden’s ex-husband, and his claims of being targeted by the Biden family:

  • Bill Stevenson was briefly married to Jill Biden in the 1970s.
  • They divorced after Joe Biden and Jill were discovered to be having an affair.
  • During the divorce, Frank Biden, Joe Biden’s brother, verbally threatened Stevenson on Jill’s behalf.
  • Approximately two months later, Stevenson and his brother were reportedly indicted for $8,200 in unpaid taxes.
  • The indictment came with no warning for an alleged tax debt that was reportedly only several weeks past due.
  • These events occurred in Delaware where Joe Biden was a senator at the time.
  • This series of events implies a high likelihood that Joe Biden engaged in lawfare against Stevenson and reflects a pattern of Biden using lawfare against his adversaries in general, considering the lawfare that is now being used against Trump.

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AMERICANS ARE REJECTING THE LAWFARE

The recent Trump rally in New Jersey was the largest political gathering in that state in almost a century, reportedly attracting a total of 80,000-100,000 people.

General election polls are trending strongly in favor of Donald Trump according to the two polls described below.

Siena / N.Y. Times poll: Trump vs. Biden, April/May 2024:

  • Arizona: Trump 49%, Biden 42%
  • Georgia: Trump 49%, Biden 39%
  • Michigan: Trump 49%, Biden 42%
  • Nevada: Trump 50%, Biden 38%
  • Pennsylvania: Trump 47%, Biden 44%
  • Wisconsin: Trump 45%, Biden 47%

CNN poll: Trump vs. Biden, April 2024:

  • Support among registered voters: Trump 49%, Biden 43%
  • With Independent candidates included: Trump 42%, Biden 33%, Kennedy 16%, West 4%, Stein 3%
  • Americans’ view of Trump’s presidency: a success 55%, a failure 44%
  • Americans’ view of Biden’s presidency: a success 39%, a failure 61%
  • Republicans viewing Trump’s presidency as a success: 92%
  • Democrats viewing Biden’s presidency as a success: 73%
  • Independents viewing presidencies as a success: Trump 51%, Biden 37%
  • Americans viewing Trump’s presidency as a success and Biden’s presidency as a failure: 47%
  • Americans viewing Biden’s presidency as a success and Trump’s presidency as a failure: 30%
  • Americans’ view of Biden’s work as president: approve 40%, disapprove 60%
  • Americans’ view of Biden’s work on:
    • Health care policy: 45% approval
    • Student loan debt: 44% approval
    • War between Israel and Hamas in Gaza: 28% approval, 71% disapproval
    • Economy: 34% approval
    • Inflation: 29% approval
  • Americans saying U.S. economic conditions are poor: 70%

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