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Tale of two conspiracies

Smith paints a portrait. Willis, a landscape.

A section of the Atlanta Cyclorama via The Atlanta Jewish Times.

Special counsel Jack Smith and Fulton County DA Fani Willis issued complementary indictments in the Republican conspiracy to overturn the 2020 presidential election results.

Dahlia Lithwick summarizes:

There’s one other notable contrast between the two stories that will be unspooled regarding the very similar events that took place after Donald Trump learned he’d lost the election and decided he would win it through organized crime. Smith chose to tell the story of an abstraction, crimes against democracy and the peaceful transfer of power. Willis is telling a concrete and detailed story of crimes against voters and election workers; Black voters in particular, female Black election workers in specific. In effect, Trump is on trial in D.C. for trying to break democracy and, in Fulton County, Georgia, for trying to set aside Black votes. The two stories are deeply connected, but they are also two very distinct acts of violence against elections. Smith reminds us what the country nearly lost, and Willis recalls what Black voters have almost never won.

The different emphases mean the stories the two documents tell unspool from different perspectives. Smith’s is more a speaking indictment of a single defendant surrounded by his closest co-conspirators. Willis indicted 19. Hers details the actions the many defendants took, including Trump’s Oval Office cabal, both singly and in concert, in Georgia and elsewhere, in furtherance of the conspiracy to undo Trump’s 2020 loss in Georgia. Here the scattered victims were Georgia voters and election officials.

Smith paints a portrait. Willis, a landscape.

So many actors and actions taking place in Willis’s sweeping portrayal mean the eye cannot take them all in at a glance, not unlike Atlanta’s Cyclorama. “As with many state criminal cases, the indictment is not crafted to tell a story so much as to put the defendants on notice of the allegations against them,” Lawfare notes. “As such, much of it reads like a relatively undifferentiated string of acts committed as part of the grand criminal enterprise it alleges.”

“Willis has declared that she has a monster of a hand. But she now has to play it,” Lawfare’s team explains, and sets out to craft a more digestible narrative. Read it here.

That “relatively undifferentiated string of acts” is already a target for Trump’s defenders bent on the public never perceiving the bigger picture Willis means to tell in court.

Behold:

Lithwick continues:

Finally—and again, this is both atmospheric and also very important—Fani Willis has not just formally named Trump as a mobbed-up crime boss, but also placed him squarely behind the wheel of a national criminal clown car. For Trump, stripped away from the sober officials who once lent him intellectual heft and political credibility, his final public act may well be honking sadly on the oversize horn, surrounded by the likes of Rudy Giuliani, Sidney Powell, Jenna Ellis, and Jeff Clark. The only thing more piteous than the mental picture of a diminished Donald Trump in the dock standing trial for lies, forgeries, and bullying is Donald Trump doing so in the presence of a whole host of people—tragically, with law degrees—who are living case studies in moral and intellectual mediocrity. His co-defendants are living proof that the personnel equivalent of spray tan that briefly tried to burnish him into looking like a principled and sober commander in chief after 2016—John Bolton, John Kelly, Bill Barr, among others—had well and truly departed the scene by the time of the 2020 election assault.

MAGA-fied Republicans insist they want a second civil war while attempting to erase the memory of the one they waged and lost between November 3, 2020 and January 20, 2021. Pray that in the name of moving on this country does not make the same mistakes it made in the aftermath of the first Civil War.

Update: Found a couple more examples of Price tweet via Roy Edroso.

Did Kanye send her?

The Georgia RICO indictment includes a couple of strange operators working the conspiracy in a specifically weird little side story I’ve always wondered about. This is the one about the woman who approached Ruby Freeman and told her that the feds were out to get her:

Here is yet another story from the range of conspiracies and criminal plots that were afoot last winter to overthrow the government of the United States and keep Donald Trump in power after losing the 2020 presidential election. Georgia election worker Ruby Freeman was one of those innocent bystanders who became the target of death threats and harassment tied to a conspiracy theory that she had helped steal the presidential election in Georgia for Joe Biden.

On January 4th 2021 – two days before the Capitol insurrection – a woman named Trevian Kutti knocked on Freeman’s door and told her she was in danger. If Freeman didn’t confess to the truth of Trump’s election rigging charges within 48 hours unidentified persons would come to her home and Freeman along with members of her family would be sent to jail.

Kutti is a publicist and head of Trevian Worldwide, a PR firm. As of 2018 she is also the “Director of Operations” for Kanye West, a friend and political ally of Trump. (Just before signing on with West Kutti had been PR Director for R Kelly. But she quit that job as sex trafficking and assault accusations piled up.) She was there as West’s employee but only identified herself as the emissary of a “high profile” individual with an urgent message and an offer of help.

At various points, Kutti suggested Freeman was in physical danger. Sometimes the threats targeted only her, at other times members of her family. At some points the people out to get Freeman were described as “federal people”. At other points they seemed to be Democrats. “You are a loose end for a party that needs to tidy up.” Threats of violence? Being disappeared? Sent to prison? It doesn’t seem to have been clear – only that Freeman had to confess if she wanted help from Kutti and the “high profile individual”.

Freeman called police saying she felt threatened and things kind of went downhill from there, with Kutti repeating her mix of threats and offers of help. A police officer eventually suggested that everyone take the meeting down to the local police station. The mix of threats and offers of assistance continued and Kutti eventually arranged a conference call with someone identified as “Harrison Ford” (but apparently not that Harrison Ford) who “had authoritative powers to get you protection” and who quizzed Freeman and tried to get her to admit to her role in the election rigging plot.

Kutti repeatedly told Freeman: “If you don’t tell everything you’re going to jail.”

According to Reuters, which broke the story, police took no action and did not further investigate the incident. According to Freeman, two days after Kutti’s visit on January 6th, a large group of Trump supporters did descend on her home with bullhorns. Freeman had already fled her home because of a January 5th tip from the FBI.

Both Trevian Kutti and Harrison Floyd were indicted yesterday. I’ll be very interested to hear what precipitated that approach to Freeman. Did they just come up with this all on their own? Or did a Trump loving rapper one of them worked for have something to do with it?

It always comes down to this big mouth

Just because he wrote it on twitter doesn’t mean it can’t be a crime:

What stands out in the indictment is how it uses Trump’s tweets against him – as Fulton County D.A. Fani Willis alleges Trump and his co-defendants engaged in a criminal enterprise to overturn the 2020 election results as they pressured state and federal officials.

“Wow! Blockbuster testimony taking place right now in Georgia. Ballot stuffing by Dems when Republicans were forced to leave the large counting room. Plenty more coming, but this alone leads to an easy win of the State!” Trump tweeted on Dec. 3, 2020.

“People in Georgia got caught cold bringing in massive numbers of ballots and putting them in ‘voting’ machines. Great job @BrianKempGA!” – Dec. 3, 2020.

“I spoke to Secretary of State Brad Raffensperger yesterday about Fulton County and voter fraud in Georgia. He was unwilling, or unable, to answer questions such as the ‘ballots under table’ scam, ballot destruction, out of state ‘voters’, dead voters, and more. He has no clue!” – Jan. 3, 2021.

“The Vice President has the power to reject fraudulently chosen electors.” – Jan. 5, 2021.

“States want to correct their votes, which they now know were based on irregularities and fraud, plus corrupt process never received legislative approval. All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is time for extreme courage!” – Jan. 6, 2021.

These tweets were all in plain sight for everyone to see, which might have blunted their impact at the time the former president was firing off his constant missives. 

But they are now a big part of the latest indictment against Trump.

Can a tweet be a crime?

In remarks late last night, Willis said the indictment included “overt acts” – actions that wouldn’t be a crime on their own but might prove a larger pattern, NBC’s Ginger Gibson writes.

“Many occurred in Georgia and some occurred in other jurisdictions and are included because the grand jury believes they were part of the illegal effort to overturn the result of Georgia’s 2020 presidential election,” Willis said.

Trump is stupid and shameless so he often lied or gave unlawful orders on twitter or some other public forum. He believed that he was totally protected by the first amendment or executive privilege. Those rights are not absolute and if he gave it half a thought (or had half a brain) he would have realized that. Executive privilege (or Article II) does not allow a president to do anything he wants. And when speech is in furtherance of a crime like fraud it’s not protected.

You’d think a snake oil fraudster like Trump would have been aware of that. Of course he’s gotten away with it his whole life so I suppose he assumed he always would.

The passion of Mike Pence

This is a good piece about Pence from JV Last. I know I should feel more compassion for the man but it’s really hard. All those years of being a cruel right wing theocrat and then eagerly sucking up to the crude libertine Donald Trump makes it impossible for me to see him as anything but a hypocrite — at best.

There is a theory I cannot test, but which I believe to be true:

If Mike Pence were to walk through the crowd at a Donald Trump rally—for instance, the recent giant event where 50,000 Trump supporters swamped the town of Pickens, South Carolina—he would need a security detail. He would not be safe without one, and he might not be safe with one either. In fact, I have a hard time believing that any Secret Service team would agree to go along with such an excursion. Enough Trump supporters hate Pence that much.

By contrast, I believe Pence could safely walk through the crowd at a Joe Biden event—like his June 17 rally in Philadelphia—without any security. Some Biden supporters might make snide comments, but it seems equally possible that others might shake his hand and thank him for saving the republic on January 6, 2021.

Not to belabor the obvious, but, for Pence, this is a problem. Because Pence is running for president as a Republican.

Yet for the country, this isn’t just a problem; it’s an almost biblical tragedy. Mike Pence is the man who told his tribe the truth. They turned on him for it. And now, having finally found the courage to leave, he’s desperate for acceptance among them once again.

For more than a quarter century, Pence was a dutiful and committed conservative. He started in talk radio, where his brand was “Rush Limbaugh on decaf.” On his third try, he got himself elected to the House of Representatives, where he was happy to buck the Republican Party by opposing George W. Bush on two of his big legislative achievements—No Child Left Behind and Medicare expansion—both of which Pence believed violated his commitment to certain small-government conservative principles. But Republicans forgave these heresies. Pence ascended to the No. 3 position in House GOP leadership.

From the House, Pence vaulted to the Indiana governor’s mansion and then, finally, onto a presidential ticket as Trump’s running mate. You know how that went: For four years, Pence defended everything Trump did and said. Behind the scenes, he tried to be the grown-up in the room. A fly camped out on his face on national TV. Yada yada yada, then came the coup.

At which point, Trump instructed several thousand of his supporters to march to the U.S. Capitol “with strength” and prevent Pence from performing his constitutional duty to count and certify electoral votes—which would officially make Biden the president-elect. So a bunch of very fine people who had recently voted to make Pence vice president walked down Constitution Avenue, erected a gallows, and stormed the Capitol. During the course of these events, many raised their voices to chant, “Hang Mike Pence.”

For his part, Pence is sanguine about this unpleasantness. Last month, when asked about Trump’s latest threat—that it would be “very dangerous” for America if he were convicted of crimes—he waved away the possibility. “Everyone in our movement are the kind of Americans who love this country, are patriotic or law-and-order people who would never have done anything like that there or anywhere else,” Pence told CNN’s Dana Bash.

Bash was brought up short. “That’s pretty remarkable that you’re not concerned about it, given the fact that they wanted to hang you on January 6,” she said.

Pence responded, “The people in this movement, the people who rallied behind our cause in 2016 and 2020, are the most God-fearing, law-abiding, patriotic people in this country, and I … won’t stand for those kinds of generalizations, because they have no basis in fact.”

Never in American politics has a candidate so dutifully followed the instruction of Jesus: “To one who strikes you on the cheek, offer the other also.” So whatever you want to say about Mike Pence, I’ll bet that if a bunch of MAGA Proud Boys demanded his tunic, he’d offer them his cloak too. God bless him.

In other ways, Pence reminds me of an Old Testament figure, one of the prophets who told the Israelites news they didn’t want to hear—but stuck around anyway, reviled by the people he was trying to save.

A few weeks ago, Pence attended a town-hall event in Iowa sponsored by the Family Leader. It was an evangelical-forward gathering attended by the kind of midwestern conservative Christians who have been Pence’s people since he was in short pants. Tucker Carlson, the event’s moderator, tore into Pence both for his refusal to overturn the 2020 election and for his hawkish support of military aid to Ukraine. Pence stood up to Carlson and held to his conservative convictions.

And so, given the choice between a TV presenter who has privately talked about how he hates Trump “passionately” and Trump’s own vice president—a man who has dutifully served conservative causes in government for a generation and who stood by Trump for everything except overthrowing American democracy, the evangelicals … cheered for Tucker and booed Pence.

Give us Barabbas.

The rest of America doesn’t quite know what to do with Pence. He’s a complicated figure.

On the one hand, he tolerated and defended all of the depredations of the Trump years. By vouching for Trump with evangelical voters in 2016, he cemented Trump’s takeover of the party. He stood by Trump after Charlottesville, Virginia. He was Trump’s rock during the first impeachment. He tried to clean up the worst parts of Trump’s mishandling of COVID while being at pains to praise Trump for doing a heroic job. He was a loyal running mate in 2020. He did all of this with his eyes wide open.

On the other hand, at the moment when Trump attempted to thwart the peaceful transition of power, Pence was the only man standing between the Constitution and collapse. After a full term of cowardice, he displayed courage in the moment it mattered most. If he hadn’t followed the law on January 6, there is no telling what would have happened.

Some people maintain that Pence does not deserve credit simply for not breaking the law. I sympathize. I did not rob a bank this morning—do I get a cookie? But ultimately, I find Pence’s heroism in the performance of his duty too great to wave away. He faced physical and professional risk on January 6; his career, his life, and the lives of his family were imperiled. He risked all of that to follow the law. It is nice to think that we all would have done the same, but I’m not sure. And I am sure that the overwhelming majority of Pence’s fellow Republicans would not have.

Further, Pence is one of only three Republicans running for president who consistently speaks straightforwardly about January 6 and the rule of law, and he does not couch his criticisms of Trump as merely being “bad for Republican chances to win.” Pence possesses much of what the prodemocracy movement hopes for in a Republican. In some ways, he is an example of what, in the small-d democratic sense, a Republican Party aiming to restore itself to health and liberalism should look like.

It is precisely because of this that Pence is so reviled by so many Republicans, with a favorability rating that barely breaks even.

It turns out that Pence doesn’t quite know what to do with himself either. So he’s trying his luck at becoming the avatar of the same voters who wanted to hang him.

It’s the damnedest thing. Pence overcame a lifetime of political tribalism to break with his team. And now he’s trying to get back on it—because he can’t see what he helped them become.

One of my pet theories is that during the Trump years, we discovered that our political spectrum had two axes. There’s the left–right, progressive–conservative x-axis that we’re all familiar with. But there’s also an up–down, liberal–illiberal y-axis. This has been the case in America for a long time—since its founding, really—but with the end of Jim Crow, a lot of us had forgotten that this y-axis existed. We assumed that everyone on the conservative, right-hand side of the x-axis—the Reagans, the Bushes, the Doles, the McCains, the Romneys—was also at the top (the liberal end) of the y-axis, too. Because they were.

But with Trump’s emergence, some people—both voters and elected officials—began drifting downward on that y-axis toward the illiberal side of the spectrum.

Pence was happy to play along until the chips were down, at which point he chose liberalism and democracy. And for that, America owes him a debt that can never be repaid.

The tragedy of Pence is that, for all of his x-axis conservative policy views, it’s his conviction in favor of liberalism on the y-axis that now matters most to the conservatives he is asking to vote for him.

A liberal society can have arguments about tax rates and infrastructure spending and foreign policy. In an illiberal society, none of those questions really matters—the only thing that matters is who holds power. “Who, whom?” as the Leninists used to put it.

On the biggest issues—democracy, the Constitution, the rule of law—Mike Pence is now much closer to Joe Biden on the y-axis than he is to Republican voters.

And he either can’t see it, or won’t.

He won’t.

This is well-written and though provoking b ut I think he lets Pence off too easily. If January 6th hadn’t happened he would be backing Trump’s play about the stolen election to the hilt. He is just a coward who didn’t want to be the lone guy who made the coup happen. He knew that he’d get blamed when things went wrong.

Fanni Willis Fact Check

CNN’s Daniel Dale sets the record straight on Trump’s grotesque insults toward the Fulton County DA:

Former President Donald Trump has launched a barrage of attacks, many of them dishonest, against the Georgia district attorney who is prosecuting him over his attempts to overturn his 2020 election defeat in the state.

Both before and after he was indicted Monday in Fulton County, Trump targeted District Attorney Fani Willis, an elected Democrat, in speeches, social media posts and a television ad released by his 2024 election campaign, which Trump also posted on social media. Below is a fact check of two of his false claims, an inflammatory claim for which there is no evidence, and a misleading claim from the campaign ad.

The legitimacy of the 2020 election

Trump has repeatedly accused Willis of refusing to investigate the supposed theft of the 2020 election.

He wrote in a social media post on Sunday: “The only Election Interference that took place in Fulton County, Georgia, was done by those that Rigged and Stole the Election, not by me, who simply complained that the Election was Rigged and Stolen. We have Massive and Conclusive Proof, if the Grand Jury would like to see it. Unfortunately, the publicity seeking D.A. isn’t interested in Justice, or this evidence.”

Facts FirstTrump’s claim of a rigged and stolen election is a lie. The 2020 election was free and fair, in Fulton County and in the rest of the country, and nobody rigged or stole it. Joe Biden’s victory over Trump in Georgia was confirmed by three counts of the ballots and certified by Republican Secretary of State Brad Raffensperger and Republican Gov. Brian Kemp. More than two and a half years after his defeat, Trump has never presented anything remotely resembling proof that he was the rightful winner of Georgia or the presidency. Instead, he has deployed false claims that have been thoroughly debunked by Raffensperger and many others, including Trump’s own senior Justice Department appointees.

For example, Trump has continued into 2023 to claim that Fulton County election workers were caught on video stuffing the ballot box – even though this claim was debunked in 2020 and even though top officials from his Justice Department have testified to Congress that they had personally told him in 2020 that the video did not show any wrongdoing.

Georgia’s final ballot count found that Biden beat Trump by 11,779 votes. In a January 2, 2021 phone call with Raffensperger, Trump pushed the secretary of state to “find” enough votes to give him a one-vote victory over Biden in the state.

Murder in Atlanta

Trump wrote in a social media post on Sunday that instead of spending time on him, Willis “should instead focus on the record number of murders in Atlanta!”

Facts FirstTrump’s claim about Atlanta having a “record number of murders” is false. Though Atlanta has struggled with a spike in murders since 2020 – part of a national pandemic-era trend that began before Willis became district attorney in 2021 – the city is nowhere near its all-time murder record.

Atlanta’s 2022 total, 170 murders, was its 23rd-highest annual figure since 1960 and not even in its top 30 highest when population size is taken into account, according to figures provided to CNN on Monday by crime analyst and consultant Jeff Asher, co-founder of the firm AH Datalytics. The 2022 total of 170 murders was Atlanta’s highest since 1996 and well above its 2019 total of 99 murders, so it was certainly high by the city’s recent standard, but Trump’s claim of a “record” is not true; the city recorded 263 murders in 1973.

In addition, as Asher and Atlanta media outlets have noted, murder is down substantially in Atlanta so far in 2023 compared to 2022 – again mirroring a broader trend around the country. Atlanta had a 25% year-over-year decline through August 5, Asher said.

The Trump campaign ad features large text reading, “ATLANTA VIOLENCE: NEARLY 60% MORE MURDERS so far this year.” But that claim is highly misleading because it is not about this year at all. Small and faded text in the ad identifies the source for the claim as a Fox News article from more than two years ago, June 2021, that compared murders so far that year to murders at the same point in 2020.

An evidence-free claim about a Willis affair

Trump claimed in a speech last week that “they say – I guess – they say that she was after a certain gang and she ended up having an affair with the head of the gang or a gang member.” He made a similar claim in a social media post on Sunday, writing that Willis “is being accused of having an ‘affair’ with a Gang Member of a group that she is prosecuting.”

Facts FirstThere is zero evidence for these Trump claims. Trump never explained what he was referring to, and his campaign did not respond to a CNN request for an explanation on Monday, but it appears that the former president may have been grossly distorting a January article in which the rapper YSL Mondo told Rolling Stone magazine that Willis, who became district attorney in 2021, had represented him in an aggravated assault case when she was working as a defense lawyer in 2019. YSL Mondo was quoted as saying that he had a “cool relationship” with Willis during his case, calling her a “great attorney” who understands real life, but specified that they had “auntie-to-nephew, mother-to-son type of talks.” He was also paraphrased as saying that he had no contact with her after his case was resolved.

The Trump campaign ad cited the Rolling Stone article as supposed support for the ad’s claim that “Willis got caught hiding a relationship with a gang member she was prosecuting.” YSL Mondo is a co-founder of the YSL hip-hop collective; Willis has prosecuted other YSL members since she became district attorney (YSL Mondo is not among those defendants), alleging that the group is also a criminal street gang.

But there was no sign in the article that Willis had made an effort to conceal her ties to YSL Mondo. In fact, she confirmed to Rolling Stone that she had represented him when she was in private practice and said she had liked him and continues to want him to succeed. And there was nothing at all in the article to suggest the two had ever had an affair.

Trump has a long history of attributing baseless and inflammatory claims to unnamed sources, regularly using vague phrases like “they say” or “many people are saying.” Willis sent an email to her staff last week, which was later obtained by CNN, calling unspecified claims in the Trump campaign ad “derogatory and false” and telling them not to comment.

YSL Mondo, whose legal name is Fremondo Crenshaw, faces gun, drug and gang charges after his arrest in early August in a different Atlanta-area county. His attorney did not respond Monday to a CNN request for comment for this article.

Willis is a tough, no-nonsense, 20 year prosecutor so I doubt she’s going to crumble over these inane insults. But it does put her in danger. There are a lot of Trump cultists out there and they are armed. I hope she is well protected.

They aren’t even trying to hide it

Sarah Huckasanders is competing for the vaunted title of most racist governor. Florida, Alabama and Mississippi Govs have early leads but she’s making a real run for it:

The Arkansas Department of Education (DOE) abruptly rejected AP African American Studies, saying the course may violate Arkansas law. “The department encourages the teaching of all American history and supports rigorous courses not based on opinions or indoctrination,” Kimberly Mundell, Director of Communications for the Arkansas DOE, told Popular Information on Monday. Mundell said the course may violate a new Arkansas law regarding “prohibited topics” in public schools. 

In March, Arkansas Governor Sarah Huckabee Sanders (R) signed the LEARNS Act, which prohibits “teaching that would indoctrinate students with ideologies, such as Critical Race Theory [CRT]” or “that conflict with the principle of equal protection under the law.” The law, however, explicitly allows teaching the history of racism and “public policy issues of the day and related ideas that individuals may find unwelcome, disagreeable, or offensive.” The Arkansas DOE did not explain what in the AP African American Studies course constitutes prohibited indoctrination.

The College Board, which has spent a decade developing the AP African American Studies curriculum, describes it as “an evidence-based introduction to African American studies” that “reaches into a variety of fields—literature, the arts and humanities, political science, geography, and science—to explore the vital contributions and experiences of African Americans.” 

The first signs of trouble for AP African American Studies in Arkansas were reported over the weekend by the Arkansas Times. According to the Arkansas Times, “[a]n official from the Arkansas [DOE] reportedly alerted high school teachers by phone on Friday that the class would not be recognized for course credit by the state in the 2023-24 school year.” The decision by the Arkansas DOE to directly contact teachers — bypassing school district officials, principals, and other administrators — is highly unusual. The teachers reportedly were told they could continue to offer AP African American Studies, but it would not count toward graduation requirements, would not be graded on a 5.0 scale like other AP courses, and the state would not pay the $90 fee for students to take the AP test. 

But Mundell’s statements to Popular Information on Monday raise questions about whether any Arkansas school can still offer AP African American Studies. Mundell warned that anyone who teaches the course would be “at risk of violating Arkansas law.”

Some high schools in Arkansas, including Central High in Little Rock, offered AP African American Studies as part of a pilot program last year before the LEARNS Act was in effect. More high schools, including North Little Rock High School, the North Little Rock Center for Excellence charter high school, and Jacksonville High School, were planning to offer the course this year.

Mundell also told Popular Information that the Arkansas DOE was concerned that the AP African American Studies course would not be recognized for college credit. But, according to the College Board, more than 200 colleges and universities have already decided to award credit for AP African American Studies. The Arkansas Times reports that this includes the University of Arkansas at Fayetteville, the state’s flagship public university.

Mundell noted that other AP courses, including AP European History, were approved and vetted for Arkansas schools. 

This is the new generation of Republicans. They’re making America 1950 again.

“Indicated!”

What are the cultists going to do about this? The Georgia Governor doesn’t have the pardon power, it’s relegated to a commission and requires felons to serve their sentences before they are eligible.

But it may turn out that’s just for Black people:

Meanwhile, Georgia recently passed a law that allows the Governor to remove any DA he doesn’t like but it also requires a commission to approve it. It was originally supposed to take effect in 2025 but was amended at the last minute to take place in October 2023. I wonder why? Gov. Brian Kemp hasn’t named the commission yet but the minute he does you can bet they are going to move to remove Fanni Willis from her job.

I’m not sure what happens in that case — if there’s a new DA appointed, a new election or if one of her deputies takes her place, but I wouldn’t get my hopes up about this trial actually happening. The Trumpers have plenty of moves up their sleeves.

Update — This certainly isn’t one of them. Fergawdsakes:

It’s the asymmetry, stupid

Of witch hunts and indictments

It’s not news that when it comes to “working the refs,” conservatives command what old-school bloogers once called “the right’s mighty Wurlitzer.” Partisan ownership of conservative media outlets means the right maintains an asymmetrical advantage in steering the national narrative. The left has never really achieved parity on that. The message discipline isn’t there even when the news cannot avoid covering political American carnage, Trump-style.

One of the right’s tactics we returned again to last week Digby addressed several years ago: “If they can engage the mainstream media and throw everything they have at it, they may succeed at confusing the public and convincing them that all this smoke they’re blowing means there must be a fire.” When there isn’t. It’s propaganda. See: Hunter Biden and the Biden crime family.

When, if ever, will all the legal indictments, pending court cases, hundreds of convictions, imprisonments, and thousands of hours of Jan. 6 testimony and Capitol-sacking videos involving Republican Party officials, advisers and supporters convince America that there are, you know, actual fires?

Trump indicted for racketeering

18 others swept up in Georgia election crimes

“Night of a thousand stars,” tweets historian Michael Beschloss.

Where to begin with the sweeping, 98-page indictment issued by Fulton County, Georgia District Attorney Fani Willis? The document released before midnight Monday accuses former president Donald Trump and 18 others with conducting a criminal enterprise to undermine the 2020 Georgia election results. Willis means to take this case to trial within six months.

Willis’ introduction begins, “Defendant Donald John Trump lost the United States presidential election held on November 3, 2020. One of the states he lost was Georgia. Trump and the other Defendants charged in this Indictment refused to accept that Trump lost, and they knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of Trump.”

The 41-count indictment includes 13 directed at Trump himself, the Washington Post reports, “including violating the state’s racketeering act, soliciting a public officer to violate their oath, conspiring to impersonate a public officer, conspiring to commit forgery in the first degree and conspiring to file false documents.” The indictment details 161 “overt” acts committed “in furtherance of the conspiracy” and cites 30 unindicted co-conspirators.

Willis has only to prove two of the Georgia RICO charges to convict, the New York Times explains:

Prosecutors need only show “a pattern of racketeering activity,” which means crimes that all were used to further the objectives of a corrupt enterprise. And the bar is fairly low. The Georgia courts have concluded that a pattern consists of at least two acts of racketeering activity within a four-year period in furtherance of one or more schemes that have the same or similar intent.

That means the act might allow prosecutors to knit together the myriad efforts by Donald J. Trump and his allies, like Rudolph W. Giuliani, to overturn his narrow loss in Georgia in the 2020 presidential race. Those efforts include the former president’s now infamous phone call in which he pressed Brad Raffensperger, the Georgia secretary of state, to “find” him enough votes to win.

The Atlanta Journal-Constitution adds:

The DA took the unusual step of convening a separate special grand jury in 2022 which investigated election interference in Georgia for eight months. They heard from almost 75 witnesses and recommended who they thought Fulton prosecutors should indict.

Familiar faces and names from Trump’s post-election efforts to overturn his loss join him in this case including members of the “Kraken” team: Rudy Giuliani, Sydney Powell, and Jenna Ellis. Former Trump chief of staff Mark Meadows faces two charges: racketeering and soliciting a public officer to violate their oath. Many of those indicted with Trump are not national names. Missing among the indicted is Georgia Kraken lawyer Lin Wood, perhaps among the 30 co-conspirators.

Also charged are several Georgia Republicans who served as electors: former GOP chairman David Shafer, former GOP finance chairman Shawn Still and Cathy Latham of Coffee County. Latham is also charged in the breach of election data in Coffee County, 200 southeast of Atlanta.

The cites as “overt acts” in furtherance of the conspiracy multiple actions taken by conspirators, including Giuliani, falsely charging wrongdoing by Fulton County, Georgia, election workers Ruby Freeman and her daughter Shaye Moss. Appearances by the two Black women was among the most emotional testimony presented by the House Jan. 6 Committee.

Unlike special counsel Jack Smith’s federal indictment targeting Trump singly, the Georgia indictment means to describe the sweep of efforts by Trump and his allies to undo his 2020 election loss not only in Fulton County and “elsewhere in the State of Georgia,” but also “in other states, including, but not limited to, Arizona, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin, and in the District of Columbia.”

Willis told reporters, “The grand jury issued arrest warrants for those who are charged. I am giving the defendants the opportunity to voluntarily surrender no later than noon on Friday the 25th day of August, 2023.”

The Atlanta Journal-Constitution report what makes this legal trap more difficult for Trump to slip than Smith’s federal indictment:

The Fulton case, however, could ultimately have some of the most staying power if Trump is convicted. That’s because unlike the federal cases, which could be dismissed by a future Republican president, Georgia’s pardon process is in the hands of an independent board, not the governor. Under the state’s rules, a person needs to wait five years after they serve any prison sentences before they can be considered for a pardon.

At least one Fox News guest Monday night nevertheless called on Georgia Gov. Brian Kemp to pardon Trump.

Even if the board were to consider a pardon, “it wouldn’t seem to do him much good any time soon,” explains MSNBC’s Jordan Rubin. The application requires the convicted be “free of supervision (custodial or non-custodial) and/or criminal involvement for at least five consecutive years thereafter as well as five consecutive years immediately prior to applying.” And be free of pending charges.

With all the charges Trump faces, that’s not likely in the near future.