We've noted the frequency with which crime family boss and man with prison on his mind Donald "The Dumb Don" Trump projects his criminality and guilt onto his opponents. Psychologists would say it's part of his severe narcissistic personality disorder. Prosecutors might call it "consciousness of guilt."
Former U.S. Attorneys Joyce White Vance and Barbara McQuade list the potential Trump "rap sheet" that an incoming Biden administration, as well as state prosecutors, would have to work with. But, before they do, they pose the choices that must be made:
The
next attorney general of the United States faces two daunting
decisions: whether to investigate possible criminal conduct by a former
president and members of his administration, and if so, whether to file
charges.
The Justice Manual
directs federal prosecutors to bring charges if they believe that an
offense has been committed, if the admissible evidence is enough “to obtain and sustain a conviction,” and if prosecution will serve a substantial federal interest.
It will be up to the attorney general to decide whether filing criminal charges against Donald Trump and his aides best serves justice, but public reporting suggests there is evidence that could support such charges. State prosecutors also may have evidence of illegal conduct. The statute of limitations for most federal offenses is five years. That means crimes that occurred as far back as 2016 could be charged until their anniversary date in 2021. Older offenses may also be charged if the conduct was part of an ongoing conspiracy — for instance, if a coverup continued within the five-year period covered by the statute...
Vance and McQuade then outline a potential rap sheet for an ex-president that includes obstruction of justice, bribery, conspiracy to defraud the United States, campaign finance violations, Hatch Act violations and crimes committed prior to becoming president. The question, as they premise, is whether pursuing this criminal best serves justice and is in the overall public interest. While we're not sanguine about federal charges being pursued, our belief is that state prosecutions, both civil and criminal, will proceed if and when Trump is voted out of office (bank and tax fraud may be easier to prove than many other of his crimes and would hit him in his ego). In some way, at some level, there must be accountability beyond just his losing office.
Nevertheless, this long list of criminal activity is likely what's occupying Trump's limited cognition as he faces the likelihood of losing his presidential "immunity" after January 20, 2021.
