Tornado Alley (PROG)

[fuagf]

Off the top it seems the problem of intent comes in with 2nd degree murder. Intent to cause bodily harm comes before the indifference bit.
Your link - https://criminal.findlaw.com/criminal-charges/second-degree-murder-overview.html

Whereas involuntary manslaughter sounds easier to prove.

Whatever on that, this last bit from my post is a good reminder of what should happen if justice is to be served.

MH: And you mentioned Trump’s criminality. You’ve also talked in the past about prosecuting Trump for all his other crimes committed in office once he leaves office because as you say, there’s this horrific DOJ guidance that says you can’t indict a sitting president. You’ve talked about a Trump Crimes Commission that should be set up in January 2021 if he’s out of office then. How would that commission even work? And what other crimes are you referring to? Because I know we’ve discussed a few of them on this show over the past couple of years.

GK: Sure. I mean, first of all, you have to set it up to the extent you can find non-partisan people, people who are hopeful — I know, hopefully, retired prosecutors, retired FBI agents. I mean, we have so many great law enforcement agencies to draw from, former you know, FBI, ATF, DEA, Park Police, Capitol Police, Secret Service Uniformed Division, you know, it goes on and on and on. The crimes that have been committed that I see kind of hiding in plain sight: you’ve got conspiracy to defraud the U.S. You’ve got obstructing justice. You’ve got obstructing Congress. These are all separate statutory crimes. I can rattle off the numbers but it probably wouldn’t be all that interesting or helpful.

You’ve got tampering with a witness. We saw a tweet in real time while Ambassador Marie Yovanovitch was testifying, he was tweeting and let me tell you as a career prosecutor, when you’re tweeting and you’re trying to chill the ongoing testimony of a witness, it is tampering with a witness under 18 USC 1512. There’s no two ways about it. He bribed President Zelensky. He committed campaign finance violations with Michael Cohen. He made false statements to the FBI as part of the Mueller probe. He has been an accessory after the fact to, of all people, Vladimir Putin by standing up in Helsinki and giving him aid and comfort. That is the crime of accessory after the fact under 18 USC, Section Three, and I could go on but we probably don’t have enough time.

MH: Yeah, there’s so many things to do with kind of trying to extort Amazon and using the U.S. Postal Service against them and also many campaign finance violations, Stormy Daniels. We know there is a long list that we’ve discussed on this show before. One thing I would say is that you said earlier in the interview that you’re optimistic that on this crime, this alleged crime of negligent homicide, that he could face some kind of indictment, charges from the states, from different jurisdictions. I’m not so optimistic myself. For a start, you mentioned the Trump Crimes Commission and drawing from the FBI. Come on, Glenn, Robert Mueller was a Republican former head of the FBI and they didn’t take him seriously. They discredited and demonized him very quickly and have never ever taken anything he said, seriously. So I’m not sure that you can find the people that anyone’s going to take seriously on the Republican side.

And then I think the Democrats just don’t have the backbone for this. Because right now you’re talking about, you know, the extreme position of prosecuting Trump for a crime. Meanwhile, Joe Biden the presumptive Democratic presidential nominee, aides of his are briefing journalists that they don’t think this is the right time to even criticize Trump, to attack him. They think the country needs to get behind the president. I mean, I just think it’s mad right now that you know, here you are making a very good case for why he could be criminally responsible for Americans dying and yet members of the opposition party aren’t saying anything even close to that.

GK: Yeah, I share your skepticism and your pessimism. And I hope that my optimism doesn’t become Pollyanna-ism. There’s a lot of isms going on there. When you look at the Mueller report, it is expressly a blueprint for future prosecutions. Now, we had one sort of quasi-prosecution which was the Senate impeachment trial, which was not based on the evidence. That was based on politics. But you know, it is a blueprint for a future prosecution for the many counts of obstruction of justice that are documented in volume two of Mueller’s report. Now, we all have yet to see the full unredacted Mueller report.

But we are one giant step closer to that because in recent days, Judge Reggie Walton who was a lion of the federal district court here in Washington D.C. now has a copy of the unredacted Mueller report that he figuratively had to wrestle out of Bill Barr’s hands after publishing an opinion that said, and I quote, “Bill Barr lacks candor, and he tried to spin the findings and conclusions of the Mueller report, and he dubiously handled the release of the Mueller report and he has been directly contradicted by the Mueller report.”

It was a scathing legal opinion authored by Judge Reggie Walton. He now has the unredacted Mueller report and he is making decisions about what should be released to we the people. It’s a FOIA suit. It will first be released, BuzzFeed and EPIC, Electronic Privacy Information Center, and then hopefully we the people will see what’s under all of those redactions, those black bars in the Mueller report. That will have evidence that can be used come January 2022 to investigate and if the evidence supports it, prosecute Donald Trump.

MH: Just before we finish, Glenn, you upset a lot of people when you tweeted out about Trump and negligent homicide by daring to link the president to such a serious crime. I believe you even got death threats from MAGA people, from Trump supporters online. Were you surprised by that? Does it bother you?

GK: OK, was I surprised by it? You know, I was somewhat surprised because I have tweeted out that he’s committed lots and lots and lots of crimes. And nobody seemed to be all that bothered by it. But when I had the temerity to suggest that his conduct actually fulfills the elements, the legal elements of involuntary manslaughter, I got a whole bunch of death threats. Now, I was followed by an actual hitman when I was trying RICO cases in the District of Columbia so you know, bring it on my friends. But yes, I was a little surprised that they seemed to sit up and take note and be offended by that, whereas they weren’t offended by the fact that he had obstructed justice, obstructed Congress, engaged in campaign finance violations, bribery of President Zelensky etc. I’m not sure why I offended the MAGA sensibilities saying that he also has committed involuntary manslaughter.

MH: I love by the way, I love the irony of people saying “How dare you accuse my president of trying to kill people? I’m gonna kill you for saying that.” But anyways, let’s not try and reason too much with the irrational.

GK: Yes, yes, the irony is lost on some people.

MH: Glenn, thanks so much for boldly making the case and do stay safe in these crazy times. Thanks for coming on Deconstructed.

GK: Thank you, Mehdi. I appreciate it.

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