Five Ongoing Investigations Against Trump
Five Ongoing Investigations Against Trump
Former President Donald Trump is now facing five separate investigations by five elected officials from both parties, as they probe matters involving Trump’s personal and business financial records, any criminal efforts to influence the election and whether he is responsible under the law for inciting the Jan. 6, attack on the US Capitol.
Criminal Probe in Manhattan
After a drawn out 18 month battle over financial records that Donald Trump promised he would reveal after the election, prosecutors in Manhattan are now in possession of one million pages of financial records. Manhattan District Attorney Cyrus Vance’s investigation of Trump for possible bank and tax fraud received a significant boost last Monday when the US Supreme Court rejected Trump’s final, long-shot argument that state prosecutors cannot investigate a sitting president. The Court denied Trump’s emergency request to block the subpoena by Vance, saying specifically that no citizen was above “the common duty to produce evidence.”
While the investigation by Vance started more than two years ago, the issue of Trump’s possible tax and bank-related fraud involving the manipulated value of properties in order to secure bank loans and tax benefits, has become the focus of the probe into the Trump Organization.
Vance has also brought former federal prosecutor Mark F. Pomerantz on board to assist his team with a forensic financial deep-dive into the dealings of the Trump Organization. Pomerantz has extensive experience in defending white-collar and organized crime suspects, a perspective that will significantly help the Manhattan prosecutors in the quest to find all hidden or obfuscated transactions.
This newly fortified prosecutorial team has recently interviewed Michael Cohen, Donald Trump’s former personal lawyer and “fixer,” in the criminal probe, as Vance focuses on “possibly extensive and protracted criminal conduct” at the Trump Organization. A dozen new subpoenas have also been issued, including one to Ladder Capital Finance LLC, which was a major creditor used by Trump and the Trump Organization, to finance commercial real estate holdings. Interviews were conducted with Ladder’s staff as well.
Additionally, Manhattan prosecutors have zeroed in on Trump’s Chief Financial Officer Allen Weisselberg, likely in an attempt to apply pressure to cooperate with authorities. Previously, interviews were conducted with associates of Weisselberg, but now the focus is on the company’s long-serving chief financial officer and his direct involvement with the Trump Organization.
New York Attorney General on the Civil Hunt
In a separate investigation, New York State Attorney General Letitia James is leading a civil examination into whether Trump’s company falsely reported property values to secure loans and obtain economic and tax benefits. Both the investigation by the Manhattan District Attorney and this probe by the New York State Attorney General involve the issue of the Trump Organization placing unsubstantiated higher values on several major commercial properties in documents used to secure favorable loan arrangements, while diminishing the value of those same properties in filings to mitigate tax liability.
The Trump Organization denied inflating assets in court filings, and Trump has defended himself in the press by calling both investigations “witch hunts” based on politically motivated vendettas. But, many of the same players are involved in both inquiries and could provide valuable information for both the civil and criminal cases.
Ladder appears to be at the center of it all, as it was the company that issued the loans on several of Trump’s big commercial holdings, and it maintains the $160 million mortgage on the Trump Building. Michael Cohen is also someone who is privy to the most intimate financial affairs of the Trump Organization, and he has been providing Vance with information as a part of the plea deal he negotiated to protect himself from further prosecution.
While the ramifications of both investigations are divergent, a Civil probe of this nature involves the issue of a lot of money — something that Trump might be short on these days. A judgment against him in this area could deplete whatever reserves he has left, or whatever remaining wealth the government is able to uncover.
Fulton County, Georgia
Prosecutors in Fulton County, Georgia are expected to appear before a grand jury this week to obtain subpoenas for documents and witnesses related to their investigation of Donald Trump and some of his top associates for possible election fraud. Last month, DA Fani Willis formally notified Governor Brian Kemp, Secretary of State Brad Raffensperger and other state officials of their duty to preserve documents, which is indicative of legal proceedings.
Willis has signaled the review of several state crimes, including: solicitation of election fraud, making false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and involvement in violence or threats related to the election’s administration. While many legal scholars are split on the issue of whether a strong case can be made under these circumstances against Trump for criminal election fraud, there is also the possibility of using racketeering laws (RICO) to move forward in prosecuting numerous criminal acts together.
Using RICO statues are a way that prosecutors often pursue organized crime cases, but the law will also place a heavier burden on the District Attorney, especially in the effort to prove individual crimes that are lumped under a RICO charge. There is also the issue of proving criminal intent in the conversation between Trump and Raffensperger, where Trump appeared to be directing the Secretary of State to “find 11,780 votes.”
This could be difficult based on the legal theory of intent. Essentially, any criminal charge against Trump that involved his direction to Raffensperger, would need substantial proof that Trump not only encouraged the secretary of state to commit a crime, but that he did so willfully, and that Trump knew that what he was doing was illegal. While the future of possible, substantiated charges in this case are not clear, it is evident that an investigation is warranted — the possibility of more evidence being brought forward is always a possibility.
Another Broad Investigation in Georgia
Georgia’s Secretary of State also launched an investigation last month into a Jan. 2 phone call by the former president to Raffensperger and Trump’s efforts to overturn the state’s 2020 election results. This could lead to yet another criminal investigation by state and local authorities. If the probe uncovers evidence that could substantiate criminal charges, that case would be in addition to the current review being conducted in Fulton County.
While it’s possible that information could yield charges that allow both jurisdictions to combine their cases, the investigations are currently independent from each other, and that will be a decision for the Georgia Attorney General. This is also another instance where the phone calls may have violated state criminal election laws including: conspiracy to commit election fraud, criminal solicitation to commit election fraud, and intentional interference with performance of election duties.
Incitement in DC
Washington, DC, Attorney General Karl Racine has also stated that he is "looking at a charge under the DC code of inciting violence, and that would apply where there's a clear recognition that one's incitement could lead to foreseeable violence." Many details have surfaced from Trump’s impeachment trial, and a spokesperson for the attorney general has confirmed Racine’s responsibility to investigate all evidence of illegal incitement of violence.
On the morning of Jan. 6, Rep. Mo Brooks (R-AL) yelled to the crowd of thousands gathered for Trump’s rally that "today is the day American patriots start taking down names and kicking ass." Rudy Giuliani, Trump’s former personal attorney told the crowd they needed to have"trial by combat." Donald Trump, Jr., yelled out a command to the crowd crowd to, "Stand up and fight! Stand up and hold your representatives accountable." Trump then launched into a grand finale of directing his supporters to march to the Capitol, where the election certification process was actively taking place. "If you don't fight like hell, you're not gonna have a country anymore," Trump told the rowdy crowd, as he pledged to walk with them to the Capitol to make their demands.
The act of inciting violence, is a criminal misdemeanor in Washington, DC. The law was passed merely a decade ago, and in that time, the attorney general's office has prosecuted about 20 cases in total under the charge. There is also an issue of whether a misdemeanor conviction from his office might withstand the reach of a presidential pardon. A local felony charge in Washington, DC, is handled by the US Attorney's Office which is in federal jurisdiction, which means they would be pardonable.
While the investigations involving election fraud seem to be the weakest cases at this point, the inquires could yield more information or lead to evidence that might better substantiate criminal charges. The financial cases in New York that are currently reviewing Trump’s criminal and civil culpability, appear to pose the most danger to Trump, his family and his business partners. Trump may also be motivated to run for office again in 2024, to continue to preserve his executive insulation from prosecution for these matters as they progress.
Amee Vanderpool writes the SHERO Newsletter and is an attorney, published author, contributor to newspapers and magazines and analyst for BBC radio. She can be reached at avanderpool@gmail.com or follow her on Twitter @girlsreallyrule.
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You want to know the worst thing about this? Even if that vile, mendacious, corrupt former President is charged with numerous crimes and found guilty of every single charge against him, his brainwashed supporters won't care one bit and the cowardly Republicans in both the House and Senate will still fight over who can support him the most and/or be his "heir".
Interesting that it's largely African American officials trying to hold him accountable.