Executive Summary: DA Bragg Case v. Trump

This is a long page about the 100% illegal "hush money" case, including all law cited and linked for your direct proof confirmation, but the summary points are these:

1.  Trump's lawyers are incompetent, overworked, or both, but that's still no excuse.

2.  ALL thirty-four (34) Counts were barred by state/federal law before Indictment.

3.  The NY court system has absolutely ZERO jurisdiction over ANY federal crimes.

4.  Bragg, Merchan and Cohen were aware of the above basics of Criminal Law 101.

5.  They knew they were illegally creating a false case to interfere with the election.

6.  Trump is entitled by law to dismissal, expungement and $400M+ in civil damages.

7.  Bragg, Merchan and Cohen are B/W guilty of many felonies, facing Life in prison.

8.  Federal prosecution of their election interference crimes is MANDATORY by law.

Trump has four (4) options to put an end to this charade (all explained below):
A.  In the Bragg case itself, file the motion to dismiss over the legal requirements.
B.  For the same reasons, file a habeas corpus in another NY state court (options).
C.  For the same reasons, file a Voting Rights Act case in the SDNY federal court.
D.  For the same reasons, either the FEC, the RNC, and/or any NY citizen voter(s) may file a similar suit in either SDNY or DC federal court (with or without Trump).

The other criminal cases against Trump are discussed at the bottom of this webpage.

ALL 34 Counts:  *Prior* Barred by State and Federal Law

Most attorneys and other legal pundits seem confused about this issue, so here's the actual breakdown.

The first twenty-two (22) of the thirty-four (34) Counts raised by Bragg are and were absolutely time-barred by state law already before Bragg's state criminal case officially began on March 30, 2023, no matter how you slice and dice it.  Even as felony charges those first 22 Counts were all too late, and they are barred, period, end of story.  And all thirty-four (34) Counts are and were already long barred by federal law before the case even began.

The State of New York has a 2-year statute of limitations on the underlying paperwork misdemeanor allegations, and a 5-year statute of limitations upon Alvin Bragg's felony enhancement of each charge.  All possible federal statutes of limitations that might be even remotely relevant to this case are all also the exact same 5-year deadline period.

None of the possible NY state statute tolling provisions apply to this case, and none of the possible federal statute tolling provisions apply to this case.  Further, Bragg cannot use the special NY tolling provision about the clock not starting until after the "public servant" leaves office, because NY law defines that as only a NY state or local official, which clearly does not apply to Trump.  All of these things are proven with direct legal links later on down this page.

However, during 2020 because of Covid-19, NY Governor Andrew Cuomo issued his multiple Executive Orders that eventually created a total of 228 days of tolling of all statutes of limitations.  The federal courts have since had several occasions to weigh in on Governor Cuomo's legal authority regarding that series of Executive Orders, and the results are uniform: Cuomo had legal authority to impact the timelines of state legal matters, but he did not have authority to impact any timelines regarding any federal statutes of limitations or any federal tolling aspects.

Accordingly, much later on March 30, 2023 when Bragg and Judge Merchan in full conspiracy with Cohen officially began their bogus case by having the grand jury hand down the Indictment on that date, they already knew that each and every Count dated beyond 5 years and 228 days prior (i.e., prior to August 14, 2017) was already time-barred by state law, totally off limits, and wholly illegal to charge Trump with, and that includes all of Counts 1 through 22.  Note that had it not been for the additional 228 days of unusual tolling of state statutes of limitations provided by Governor Cuomo's Executive Orders, then all thirty-four (34) Counts would be time-barred by state law.

But directly related, all thirty-four (34) Counts were already time-barred by *federal* law well before the Indictment was handed down.  Nobody questions that Bragg based all felony enhancements of his novel charges upon *federal* campaign finance law.

The reveal by Bragg's team that all felony enhancements were based on NY Election Law 17-152 and its prohibition of impacting an election "by unlawful means" changes nothing, as it still squarely leaves Bragg needing to prove that a violation of *federal* campaign finance law or other *federal* election law occurred.  Nothing has changed.

Everybody knows that without that particular hook, Bragg never had any case to even begin with, but everybody knows that a mere state DA has absolutely no jurisdiction over any federal crimes whatsoever.  Indeed, Bragg's *only* possible and desperate plan must necessarily rest upon somehow proving that Trump *personally* violated federal campaign finance law or other federal election law -- something that both of the only two federal agencies with exclusive jurisdiction over any such matters have twice already determined in the negative -- but if Bragg wants to attempt playing with either of his feet stepping into the federal sandbox, then he is likewise bound by the corresponding federal framework, which means a flat 5-year statute of limitations, without any extra 228 days of tolling, since those Executive Orders don't apply to any federal subject matter or federal timelines, and so all thirty-four (34) Counts, all based on and involving federal matter, are all time-barred, and so the case by Bragg is void.

Moreover, the express federal mandates of 52 USC 30143 and 30145 both conclusively control and utterly destroy this entire situation.

Section 30143(a) makes crystal clear that Bragg was and is legally precluded from even referring to his any allegations against Trump as any federal "crime" whatsoever, because the twice-prior determinations of [no violation/no crime] by both said federal agencies expressly "supercede and preempt" any attempt by Bragg to say otherwise, and hence Bragg never had any other/federal "crime" to even base any enhancements upon, and so again all 34 Counts are merely misdemeanors at most, and so they were all time-barred years ago.

Section 30145, covering anything related to "subchapter I of this chapter" (federal election / campaign finance law), makes perfectly clear via paragraph (a) that Bragg could not start any prosecution of Trump over any of these issues after the flat 5-year federal statute of limitations had already expired on even the last of all 34 Counts by December of 2022, and paragraph (b) thereof makes perfectly clear that Bragg was and is precluded from criminally charging Trump at all in relation to this particular story, because, again, the federal government already twice found no violation.

If Bragg wants to stick even one foot into the federal sandbox, especially regarding any federal campaign or federal election of any federal candidate or federal official like President Trump, then Bragg and his "case" are also constrained by the corresponding federal legal framework.  See also, the Supremacy Clause.

ALL thirty-four (34) Counts were and are time-barred by federal law.  Additionally, the first twenty-two (22) Counts were and are also time-barred by NY state law, even including Cuomo's extra 228 days.  Moreover, federal law controls this entire subject matter regarding the election/campaign of any federal candidate/official, and legally precludes Bragg from using alleged federal violations by Trump as a "crime" for any enhancement, rendering all 34 Counts as mere misdemeanor paperwork charges already time-barred for years.  And other federal law goes even further, precluding Bragg from even charging Trump - at all - in relation to this subject matter since the federal government already found no violations and that twice-affirmed decision was the legal end of this particular story.

The ENTIRE bogus case is conclusively barred by law.  Period.  End of story.  While a little slack is maybe allowed for Trump's attorneys not being already prior up to speed upon all of the relevant controlling federal law... maybe..., there really is *no excuse* whatsoever for totally failing to move to dismiss at least all the first twenty-two (22) Counts.  That abysmal failure is egregious and shameful, particularly given who their client is....

In any event, Bragg, Merchan, and Cohen, as well as their primary partners in crime like attorney Matthew Colangelo and others, are all absolutely B/W guilty of all the federal felonies detailed upon this webpage (by now, usually more than once each), several of those federal prosecutions are mandatory by law upon Trump merely invoking the same law, and Trump is entitled by law to a truckload of various relief, including full dismissal, release of bond, expungement, reimbursement of attorney's fees and court/travel/security costs, and roughly $400M+ in various civil damages,

OPTIONS to End the Bragg Charade NOW

[Okay] The first and obvious option is to file a motion to dismiss within the false Bragg case itself.  However, Juan Merchan is seemingly wacko and crazy hell bent enough to just deny it anyway.  Yes, the law is the law, but that rogue court is way out of control.

[Better] The next escalation option is to file a petition for writ of habeas corpus, using all of the same arguments as the motion to dismiss would, but filed within another NY state court.  Under NY law there are multiple other NY courts as options for a habeas corpus action.  However, asking another NY court, even a higher one, to totally end the charade immediately, still seems like a time gamble and even a strategic gamble.

[Best] The best option for Trump, especially since the need is to talk about federal rights and federal law and federal subject matter, is to file an emergency petition in the nearby federal court (SDNY) to quash the state court case with prejudice, filing under the Voting Rights Act and various other legal authorities upon this webpage.

[Alternatives] Trump's attorneys should promptly file in SDNY, yes, but Trump is not the only party who can file a new lawsuit in federal court to end this Bragg charade.

Using any/all of the same and/or other legal arguments, either the Federal Election Commission (FEC), the Republican National Committee (RNC), AND/OR any one or more New York citizens registered to vote, may file their own federal lawsuit in the SDNY and/or in DC, pursuant to 52 USC 30110, which lawsuit automatically gets transferred to the federal Court of Appeals for whichever Circuit the suit was filed in, and that entire set of federal appellate justices must hear the case sitting en banc, but strategy advises filing in SDNY to get an appellate panel led by Bush-appointee Livingston, instead of getting the DC panel led by Obama-appointee Srinivasan.

Additionally, the FEC also has full authority under 52 USC 30106(f)(4), and also pursuant to 52 USC 30107(a)(6), to enter into "any action" involving campaign finance or election law and litigate accordingly (which also includes entering directly into Bragg's state criminal case, besides filing their any own new federal court case).

Trump SHOULD Invoke Federal Charges v. Bragg and Crew

Further below, you will learn how some of the federal criminal prosecutions against Bragg and Crew are mandatory by law if Trump so chooses to invoke that law....

Trump SHOULD do to them what he SAID he wants to do to all such criminals:

Trump's defense lawyers have been grossly incompetent regarding this Bragg case, and it's been SO BAD you really have to question their competence and integrity, as even in Bragg's mess, there's still no excuse for failing to do their proper homework.

But let's travel back in time to Spring of last year, when all of this BS materialized....

The April 4th Email Advising Federal Removal

At approximately 1:03 pm Eastern Time on April 4th, 2023 (just a little over an hour before Trump was being officially arraigned within the state court), the following was sent via direct, known personal/work email with an email subject line of "that game-changing legal ammo you need for client DJT"... directly to ten (10) of Trump's most relevant inner people, including his lawyers in this case, his lawyers in other pending cases, and a few other very well established and inner-circle Trump people.

There were no attachments to the email, there were no email "bounce-backs" of any kind, nor any "user mailbox full" errors, nor anything else, just the same hyperlinked legal citations as you see below, and the pair of "blind cc" email addresses back to myself both were received back in literally just seconds, so it must be presumed that all ten of Trump's inner circle recipients did receive their copy of the below email.

(naturally, all "DJT" references below mean "Donald J. Trump")   


Greetings:
 
My experience = 25 years, 400+ cases, state and federal, all levels, all across the nation.  I am well versed on the below.  Please forward this to Mr. Blanche.
 
Do not bother with any state motion to dismiss.  Instead, simply remove the criminal case to federal court for prompt statutory-mandatory dismissal of all charges, also optionally kickoff statutory-mandatory federal criminal charges back against Bragg, Merchan and Cohen, who each now literally face up to life in federal prison, if you wish to invoke that..., and of course also include all the various counter-claims for civil damages, e.g., for false and malicious prosecution, for false arrest, and so forth.
 
After arraignment, DJT is expressly entitled (within 30 days) to remove Bragg’s bogus case into federal court via 28 USC 1442(a) and 28 USC 1455, at minimum for a three-judge SDNY District Court panel per 26 USC 9011(b)(2), or alternatively to move for transfer to the entire 2nd Circuit COA sitting en banc per 52 USC 30110.  DJT is further expressly entitled, due to the running of all related statutes of limitations (state and federal), for an immediate statutory-mandatory dismissal of all charges per 18 USC 3162(a).  In this unusual case situation, either federal route choice would still appeal directly to the Supreme Court, if ever actually needed.
 
But why go for a three-judge panel amongst 36 choices from the SDNY pair of Manhattan courthouses under Chief Judge Swain (a Bill Clinton pick), especially when that really means that three judges will be at the actual trial but only a single judge will handle all procedural and pre-trial issues, when you can also move for transfer to the entire 2nd Circuit’s en banc panel of 29 justices including 16 senior justices plus 13 active justices under a George W. Bush pick, Chief Justice Livingston?  The sheer “optics” value of forcing multiple appellate justices from *both* major parties to slam Bragg’s manifestly unjust case simply cannot be overstated...
 
In order to invoke removing the case and transferring it to the entire en banc 2nd Circuit COA, you simply first remove to the District Court under normal removal procedure, but also formally raise any constitutional question regarding the Presidential Election Campaign Fund Act (the campaign finance Act in question) per that same 52 USC 30110, which question should best be the following:
 
May either a state attorney general and/or a local prosecutor, when the gravamen of the case regards federal campaign finance law, criminally prosecute registered candidates and/or past elected officials, of either local, state and/or federal positions, over such federal campaign finance law issues, considering that civil prosecution of any and all such matters, bar none, is exclusively reserved for the federal courts, also that the DOJ already has jurisdiction over any and all such related criminal issues, and further that the federal laws regarding all aspects of campaign finance “supersede and preempt any provision of State law with respect to election to Federal office” pursuant to 52 USC 30143(a)?
 
That’s the nutshell summary, with all supporting details provided below.  You’re welcome.  All that I might humbly ask in return would be the esteem honor to share McDonald’s or any meal with my favorite President, where I may shake his hand and personally praise his legendary level of heroic service and dedication for America and all the people, plus also offer him a couple few ideas sure to guarantee future big victory with an easy minimum of 330+ electoral votes.
 
 
Warmest regards,
 
Big Red Law Dog
Make America Great Again
 
 
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ALL SUPPORTING DETAILS:
 
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Removal Procedure
 
1.  For such removal to federal court, you will need:
---- your Verified Petition for Removal (see detailed case styling requirements below), raising all grounds and arguments as discussed herein, with mandatory Exhibit A as full copy of the instant state criminal case docket, plus Exhibits B through (?) as a complete copy set of all filings and entries so far within the same instant state criminal case (only of the formal case itself, not like any arrest records of fingerprints and personal info).  Four (4) or more Exhibits requires a separate Index / Table of Contents with short descriptions of each also-dated Exhibit item.  If needed, certain sensitive Exhibits can be filed under seal with an appropriate motion to seal;
---- the accompanying federal court motions described at bottom;
---- whatever standard court intake forms are required by SDNY Local Rules;
---- and, the single state court Notice of Removal filing;
2.  Then, file the new removal case package in SDNY-Manhattan (by paper at either of those two downtown courthouses, or really just online via ECF...).
3.  Then, file the single state Notice of Removal with the state court clerk (requires attaching its own Exhibit “1” or “A” which is a file-stamped copy of the main meat federal Verified Petition for Removal above... technically also including all of its federal exhibits... which themselves are simply copies of everything already existing within the same state court case.... so technically very wasteful and redundant and annoying, but...)... Reminder, this state court is still in the dark ages of all paper...
4.  Either use a clerk-officiated Summons for each counter/cross party named, or use the standard pair of waiver forms for each counter/cross party named (request for waiver of service form + waiver of service acceptance form);  If using Summonses, either use the U.S. Marshall to serve everyone via standard USM-285 forms, or use a private process server to serve everyone;  If using mere waiver of service forms method, then each party is served via certified USPS mail, return receipt requested.  Either way, also include service of a file-stamped copy of that second-filing-step state court Notice of Removal along with the federal removal package being served.
5.  For extra good measure, promptly also go ahead and digitally serve (email copies to) all adverse parties.
 
Your removal is then perfected and done by operation of law, requiring no judicial order to “effect” the removal, but only completion of the procedural steps above.
 
See 28 USC 1446 and also 28 USC 1455 for confirmation and further details of the above procedure.
 
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Venue and Jurisdiction
 
All eight (8) types of removal, civil and/or criminal, always must go by law to the immediate federal Divisional courthouse jurisdictionally embracing the county of the instant state case in question, hence venue in SDNY-Manhattan is solely proper, except that Movant herein also invokes and requests immediate transfer to the en banc Second Circuit Court of Appeals as invoked by 52 USC 30110 in these particular matters.  See said corresponding Motion to Certify Constitutional Question and for Transfer to the Court of Appeals filed herewith.
 
This Court has standard federal question jurisdiction per 28 USC 1331.
 
This Court has standard federal jurisdiction over civil rights and elective franchise per 28 USC 1343.
 
This Court has standard federal supplemental jurisdiction over inextricably intertwined state law issues per 28 USC 1367.
 
This Court has exclusive federal removal jurisdiction per 28 USC 1442(a).
 
This Court has exclusive federal removal jurisdiction per 28 USC 1455.
 
This Court has exclusive federal civil enforcement jurisdiction, if any such aspect is deemed applicable herein, over any and all federal campaign finance issues, bar none, per 52 USC 30107(e).
 
Further, this Court also again has express jurisdiction, per 26 USC 9011(b)(2), over any and all federal campaign finance issues.
 
Further, jurisdiction within this Court and regarding the same said constitutional question certification and transfer to the aforementioned Court of Appeals is expressly provided per 52 USC 30110 (cf. even full exclusivity of jurisdiction, in certain situations, solely within the DC federal district court per 52 USC 30109(a)(8)(A) and versus the exclusive jurisdiction of the Federal Election Commission to even initiate any such civil enforcement actions per 52 USC 30106(b)(1)).
 
Further, federal courts certainly have overwhelmingly "dominant" criminal jurisdiction over any issues arising under federal campaign finance law, at the very least in regards to all candidates for any federal office, if not "exclusive" jurisdiction over all of the same issues, which is the point in question to be certified via same said Motion to Certify Constitutional Question and for Transfer to the Court of Appeals.
 
Further, this Court must have jurisdiction in this matter involving DJT because the federal laws regarding all aspects of campaign finance "supersede and preempt any provision of State law with respect to election to Federal office."  52 USC § 30143(a).
 
Further, pursuant to 18 USC 3771(d)(3), Movant asserts and claims Victim status under the Crime Victims’ Rights Act, providing additional jurisdiction in this Court regarding those various requirements and related duties herein.  See the Movant's instant Motion Asserting Crime Victim Rights and Request for Permanent Injunction. Editor's Note: Citing Sec. 3771 is the only error found on this page - turns out that buried deep in that statute is a provision that says it only applies to crimes within DC, so that doesn't apply to NY.
 
(optionally if also targeting Bragg and crew for extinction...) Further related, Movant also invokes federal civil RICO jurisdiction in cross-claims of these matters pursuant to 18 USC 1964(c), and therefore, venue is also proper herein pursuant to 18 USC 1965.
 
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Parties and Case Styling
 
On the left side of your case styling...
 
State of New York
v.
DJT (optionally, also as DJT ex rel. United States)
v.
State of New York (plus optionally, as either civil cross-defendants and/or also as cross-criminal defendants, add Bragg, Merchan, Cohen, and any of Bragg's principal legal staff you wish, even such as Susan Hoffinger, because any/all such legal professionals within Bragg's team were obviously quite fully aware, by mere virtue of their own professional legal experience, that all applicable statutes of limitations had already long-ago passed and also that tolling didn't apply)
 
On the right side of your case styling...
 
In a removal from the (full name of the state court)
State case # (actual full state case number)
Judge Juan Merchan, presiding
 
Constitutional Questions
Injunctive Relief Sought
 
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Statutes of Limitations, Tolling
 
All of the alleged factual issues herein ostensibly supporting Mr. Bragg's Indictment of DJT relate solely to alleged acts either during 2016 or well prior to 2016.  (Author's "Editor Note" -- Okay, later we found out it was all alleged as "2017" acts, but that only makes for an even more puzzling set of allegations, i.e., how is anyone supposed to do something in 2017 in order to defraud an election that already occurred during the prior year??  What a joke....)
 
All of NY's ostensibly applicable misdemeanor and felony statutes of limitations have already long-ago passed.
NY Criminal Procedure (CPL) CHAPTER 11-A, PART 1, TITLE C, ARTICLE 30, Section 30.10, subsections (2)(b) and (2)(c) provide statutes of limitations relevant to any charging of these matters via any felony charges brought within five (5) years and via any misdemeanor charges brought within two (2) years, respectively.
 
All of any ostensibly applicable federal statutes of limitations have also already long-ago passed.
The general federal statute of limitations of non-capital felony offenses is a flat 5 years.  18 USC § 3282(a).
And the federal statute of limitations regarding any kind of campaign finance violation – whether civil OR criminal – is also a flat 5 years. 52 USC § 30145(a).
 
None of NY's criminal tolling provisions apply herein.
In falsely seeking to extend any statute of limitations, if Mr. Bragg has offered any improper reliance upon NY Criminal Procedure Law (CPL) CHAPTER 11-A, PART 1, TITLE C, ARTICLE 30, Section 30.10, subsection (3)(b), in order to claim jurisdiction over DJT at any time within five (5) years after conclusion of his “public servant” tenure as 45th President ending in January of 2021, then Mr. Bragg is fraudulently misrepresenting in fatal error, besides being grossly negligent, because the term “public servant” used there is defined by NY Penal Law (PEN) CHAPTER 40, PART 1, TITLE A, ARTICLE 10, Section 10.00, subsection 15, which clarifies: "Public servant" means (a) any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state, or (b) any person exercising the functions of any such public officer or employee.  (emphases added)  Hence, such tolling provision would never and does not apply whatsoever to DJT.
In falsely seeking to extend any statute of limitations, Mr. Bragg’s only other even remote, if not laughable, possibility under NY law is tolling for “fugitive” issues, i.e., under NY Criminal Procedure Law (CPL) CHAPTER 11-A, PART 1, TITLE C, ARTICLE 30, Section 30.10, subsection (4)(a), but that would have only happened if either (1) DJT had been "continuously" absent from the State of NY during those entire first 5 years, and/or (2) all of NY law enforcement had been unable during those entire first 5 years to find DJT anywhere and also unable to learn DJT's whereabouts, which of course clearly fails because DJT practically lived in NY very often and everybody in the world knew and has known where DJT was physically located at during just about every day since mid-2015 if not earlier, due to announcing and then winning the Presidency and also being the media’s primary daily interest ever since.
 
No federal criminal tolling provisions apply herein either.
Under 18 USC § 3288 there is "re-indictment" tolling for six months after technical dismissal of a prior indictment, which cannot possibly apply herein since the instant Indictment is the first and only Indictment.
Under 18 USC § 3290 there is "fugitive" tolling, which again cannot possibly apply to DJT.
Under 18 USC § 3292 the (federal) government may seek to stop the clock while it awaits receipt of evidence pursuant to a Mutual Legal Assistance Treaty or letters rogatory request issued to a foreign country, which also clearly does not apply herein whatsoever.
But the simple fact is that no federal tolling provisions whatsoever apply to this case regarding Bragg bringing his meritless Indictment against DJT.
 
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Entitled to Dismissal and/or Quashing of State Indictment
 
All state and federal SOLs have already long-ago passed, and neither state or federal tolling provisions ever applied herein, hence all criminal counts in said Indictment against DJT are clearly and utterly void ab initio.
 
Moreover, there are serious questions as to whether Bragg had any criminal jurisdiction at all over any kind of charges based even in part upon federal campaign finance law issues, i.e., see again Movant’s instant Motion to Certify Constitutional Question and for Transfer to the Court of Appeals.  Indeed, pursuant to 18 USC 3231, “[t]he district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States” (emphases added) and so that includes any and all of Mr. Bragg’s ostensible DJT offenses against federal campaign finance law.
 
Regardless, because the Indictment charges are clearly void for gross violation of Speedy Trial rights (because all state and federal SOLs have already long-ago passed), Movant DJT is expressly entitled to complete dismissal and full expungement of said Indictment per 18 USC 3162(a), along with quashing of any state court gag order(s), and vacating the entire state case and its any remaining effects in general, i.e., together with prompt return of any bail or bond posted within the state court case, expunging all arrest identifiers (fingerprints, personal information, etc.), and so forth and so on.
 
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The CIVIL Cross-Claims vs. NY, Bragg, Others
 
Even though you could..., I advise that you do not bother naming Stormy as a civil cross-defendant for damages.
 
Instead, focus solely upon the oppositional legal professionals who unquestionably knew they were manifestly breaking the well established law in their willful conspiracy to abuse power, also to abuse process, and to defraud everything under the sun, i.e., Bragg, Merchan, and Cohen, but I make no recommendation as to also naming Susan Hoffinger, either not at all, or civilly only..., or also criminally, leaving all of that up to your team to decide along with DJT being fully pre-informed.
 
Yes, of course, you will also include, name, serve and civilly counter-sue the State of New York for all civil damages below too:
---- damages for intentional abuse of power
---- damages for intentional abuse of process
---- damages for intentional false and malicious prosecution
---- damages for intentional false arrest
---- damages for knowingly tortious interference with economic opportunity (taking DJT time away from running the family biz, plus any other actual proximate injuries to the biz, i.e., falsely injuring the family biz brand reputation)
---- damages for knowingly tortious interference with (various campaign and/or election opportunity, i.e., as a much higher form of tortious interference of social opportunity, hence First Amendment, rights and/or interests) (this is fairly uncharted claims territory... but they wildly opened the door, so its fair game now...)
---- and punitive damages against the individual cross-defendants
---- reimburse all DJT attorneys fees
---- reimburse all case-related travel costs, for DJT, and for required DJT security entourage
---- reimburse all other case-related extra DJT security costs (the whichever federal court can certainly order NY, and/or Bragg and crew personally..., to reimburse the United States for all such related extra Secret Service costs, etc.)
---- and all other case-related expenses, i.e., all court costs, filing fees, postage and/or any similar expenses, etc., etc., etc.
 
=================================
 
The CRIMINAL Cross-Claims vs. Bragg and Crew
 
Even though you could..., I advise that you do not bother criminally naming Stormy as a federal RICO co-conspirator and/or as an Accessory.
 
Instead and again, focus solely upon the oppositional legal professionals who unquestionably knew they were manifestly breaking the well established law in their willful conspiracy to abuse power, also to abuse process, and to defraud everything under the sun, i.e., Bragg, Merchan, and Cohen (and Hoffinger?)
 
I advise that you do ferociously target Bragg, Merchan, and Cohen for utter devastation, as the real point is to send a very loud and very clear signal to all other wannabes lurking out there.... Again, I make no recommendation as to also naming Hoffinger, either not at all, or civilly only..., or also criminally, leaving all of that up to your team to decide along with DJT being fully pre-informed.
 
Presuming that you target just Bragg, Merchan, and Cohen for devastating criminal charges, then Bragg and Merchan are both always principal perpetrators within each of the below crimes, whereas Cohen is either often a third principal co-conspirator or he is “only” an Accessory, depending upon the facts of the given Count charged:
 
1) at least one felony Count each under 18 USC § 4 – MISPRISION OF FELONY (3 years for each act);  they knew the SOLs had already run, therefore knew they were criminally conspiring to violate DJT's rights, i.e., knew they were violating 18 USC §§ 241 and 245 (just below next) as well as DJT’s basic equal and due process rights, and were therefore individually duty-bound and required to report on each other to the appropriate law enforcement authorities;
 
2) at least one felony Count each under 18 USC § 241 – CONSPIRACY AGAINST RIGHTS (10 years for all basics for each act);
 
3) at least one felony Count each under 18 USC § 245(b)(1)(A) – FEDERALLY PROTECTED ACTIVITIES (1 year for all basics for each act);
 
4) at least one felony Count each under 18 USC § 371 – CONSPIRACY TO COMMIT OFFENSE OR TO DEFRAUD UNITED STATES (5 years for each act);
 
5) at least one felony Count each under 18 USC § 372 – CONSPIRACY TO IMPEDE OR INJURE OFFICER (6 years for each act);
 
6) at least one felony Count each under 18 USC § 594 – INTIMIDATION OF VOTERS (1 year for each act);
 
7) at least one felony Count each under 18 USC § 595 – INTERFERENCE IN ELECTION BY ADMINISTRATIVE EMPLOYEES OF FEDERAL, STATE OR TERRITORIAL GOVERNMENTS (1 year for each act);
 
8) at least one felony County each under 18 USC § 610 – COERCION OF POLITICAL ACTIVITY (3 years for each act);
 
9) at least one felony Count each under 18 USC § 1341 – FRAUDS AND SWINDLES (20 years for each act of “mail fraud”) (the Manhattan DA’s officer and courthouse are still paper-based, hence something got mailed to DJT’s team by now) (Note: See 18 USC § 1346 for the definition of “scheme or artifice to defraud” which clarifies, “For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.”);
 
10) at least one felony Count each under 18 USC § 1343 – FRAUD BY WIRE, RADIO, OR TELEVISION (Bragg and Cohen have been all over the airwaves talking falsely about this fraudulent conspiracy of theirs, however Merchan cannot be charged with this crime unless he also used computers as part of the case processing (20 years for each act of “wire fraud”) (Note: See 18 USC § 1346 for the definition of “scheme or artifice to defraud” which clarifies, “For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.”); and,
 
11) at least one felony Count each under 18 USC § 1962 – PROHIBITED ACTIVITIES (RICO) (20 years) (Note: mail fraud and wire fraud are used all the time by federal prosecutors to bolster RICO actions, along with any of the other existing predicate crimes, and mail fraud and wire fraud are used to even base a RICO action upon)
 
Clearly, Juan Merchan signed off on and formally joined into Bragg’s election interference scheme, or else the state case itself could not even exist and get started yet.... Both Bragg and Merchan are to be named Defendants of every Count listed above (except Merchan may or may not be guilty under the wire fraud Count above, see that note again, but let’s presume he did use some sort of electronic device, even a smartphone, as part of the overall criminal conspiracy vs. DJT, hence liable under wire fraud like Bragg), which means – even at just a single count each apiece – those two are facing a minimum of ten (#1 through #10) straight felony Counts for a subtotal of (up to) 70 years, plus also the single overarching RICO Count (#12) for another max of 20 years added on, for a grand total of (up to) 90 years in federal prison each, whereas for Michael Cohen, the range of sentencing can be anywhere between one-half of Bragg/Merchan for (#1 through #10), a max of 35 years, plus the same single RICO Count (#12) for another max of 20 years added on, for a grand total of (up to) 55 years in federal prison, all the way up to the full same charges and sentence as Bragg and Merchan (70 + 20 = 90 max years in federal prison).
 
Alternatively, if you “pull a Bragg” and take every one of his “34 counts” of his Indictment against DJT as another and another separate crime to be separately charged, then the potential sentences jump way up to a maximum of (34 x 70 = 2380, then again plus a single overarching RICO Count of max 20 years =) 2400 years in federal prison each, whereas for Cohen the figure ends up being somewhere between 1210 years and the full 2400 years).
 
 
=================================
 
Motion to Certify Constitutional Question and for Transfer to the Court of Appeals
 
Simple, see the above, use the suggested constitutional question, cite the relevant law above, and therefore move for transfer to the Court of Appeals “which shall hear the matter sitting en banc” pursuant to command of 52 USC § 30110.
 
=================================
 
Motion Asserting Crime Victim Rights and Request for Permanent Injunction (and for Protective Orders too...)
 
Pursuant to 18 USC 3771(d)(3), Movant asserts and claims Victim status under the Crime Victims’ Rights Act.
 
The Court has related duties under 18 USC § 3771, including to ensure that DJT is reasonably protected from the accused (Bragg/Merchan/Cohen), to further ensure that DJT is awarded full and timely restitution, and more... Editor's Note: Citing Sec. 3771 is the only error found on this page - turns out that buried deep in that statute is a provision that says it only applies to crimes within DC, so that doesn't apply to NY.
 
Further, the Victims’ Rights and Restitution Act (VRRA) (34 USC § 20141) describes the services the federal government is required to provide to victims of federal crime, including that the Victim here, DJT, is to receive reasonable protection from suspected offenders (Bragg, Merchan, Cohen) and persons acting in concert with or at the behest of the suspected offenders (name whomever you want, i.e., you could even name Biden, or anyone else by name, or by class, or by political party... as long as you make it reasonably relevant and also reasonably palatable – you might not get those extras but its still worth putting the name(s) on court paperwork...).
 
Goals of motion:
1.  Protective/restraining order(s) against Bragg, Merchan, Cohen, and also against any other particular persons and/or class of persons relevant.
2.  Temporary and eventual permanent injunction, against any state AG or local prosecutor from ever attempting to criminally charge DJT again.
 
=================================
 
Motion to Issue Mandatory Federal Criminal Process
 
The many crimes complained of herein perpetrated by Defendants Bragg, Merchan and Cohen include various civil rights violations and/or various conspiracies to commit civil rights violations, i.e., including crimes falling under 18 USC §§ 241 and 245.
 
Therefore, the Court has a mandatory duty to issue criminal process against them under 42 USC § 1987, which clearly states, in full:
 
The United States attorneys, marshals, and deputy marshals, the United States magistrate judges appointed by the district and territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of section 1990 of this title or of sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the territorial court having cognizance of the offense. (emphases added)
 
So, when anyone violates “sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes” and that fact is brought to the attention of any magistrate judge or any “other officer who is especially empowered by the President” (with law enforcement powers, such as every Article III judge, i.e., any federal district court judge, and/or any federal appellate judge...), such offenders MUST be federally prosecuted, by express mandate of federal law.
 
Specifically, Section 5508 of the former Revised Statutes was recodified at and is now 18 USC § 241.  Further, multiple sections of those same former Revised Statutes were merged and recodified, now altogether as 18 USC § 245.  Hence, because Defendants Bragg, Merchan and Cohen have unquestionably conspired to violate both of those current federal civil rights crimes statutes, they must – by mandate of law – be now federally prosecuted via prompt initiation of criminal process issued by this Court without delay, done utterly forthwith, i.e., this Court must by law now have Defendants Bragg, Merchan and Cohen arrested and booked towards criminal trial.
 
Restated, when any federal judge learns about violations of a person’s individual rights, and/or learns about election interference (interfering with any candidate’s campaign for elective office), such an offender or offenders must always be served of that same judge’s initiation of criminal prosecution process (be arrested and etc.).
 
Let us not be confused or make any mistake about the public policy of the United States on these most important matters, as this never-ending mandatory duty of every kind of federal judge (appellate, district, magistrate) is made very clear by the fact that the very existence of every newly-hired magistrate is expressly and precisely to help even more towards the criminal prosecution of every such offender of those Revised Statutes now recodified under Title 18 of the U.S. Code (entitled “Civil Rights”).
 
Indeed, 42 USC § 1989 clearly states, in pertinent part:
 
The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of United States magistrate judges, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987 of this title; and such magistrate judges are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States.
 
Wherefore, the Court must by requirement of express federal law now and promptly initiate such criminal process against Defendants Bragg, Merchan and Cohen.
 
=================================
 
Cheers,
 
Big Red
 


[end of April 4th, 2023 email to ten Trump people]

 

Trump's Attorneys Did Remove, But Very Poorly

Still waiting on them to act, after my frantic urging on Truth Social at the very end of April 2023, Trump's lawyers finally removed Bragg's criminal case to federal court by the final 30th day, yes, but they failed to invoke ANY of these very important, game-changing aspects that Trump was expressly entitled to:
---> Instead of a single federal judge (from Bill Clinton...), because the case involves federal campaign law, Trump actually could have had his choice of either invoking a three-judge panel within the District Court, or just skipping straight on up to the entire en banc panel of the Second Circuit Court of Appeals (preferred), but Trump's lawyers failed to invoke any of that;
---> Because ALL of the relevant Statutes of Limitations (state *and* federal) had already long-ago expired, and likewise because all possible state and federal tolling provisions had no application, Trump was expressly entitled by federal law to prompt dismissal of the entire Bragg criminal case (with prejudice), but Trump's lawyers didn't even raise statutes of limitations at all - unbelievable;
---> Because Bragg and crew knew the statutes of limitations were already expired, they knew their case was bogus, and so by knowingly violating Trump's rights, their false and malicious acts not only give rise to mega civil damages, but also constitute over one dozen statutory felonies in violations of various federal criminal law, but Trump's lawyers didn't raise any of that either;
---> Because those different federal felony types also just happen to include federal election interference crimes, those related federal criminal prosecutions of Bragg and crew were expressly mandatory by clear law, but Trump's lawyers didn't raise any of that either;
---> And further, Trump was entitled to a federal nationwide injunction against any/all other state/local prosecutors from ever attempting anything similar, but Trump's lawyers also failed him on this opportunity a full year ago too....

Again, Trump's lawyers have been SO grossly incompetent, at least in this Bragg case, that you really have to question their motives and integrity.

Related Legal Issues

This section will address other legal issues about the Bragg case:

CONGRESS HAS FULL POWER TO INVESTIGATE

The bottom line and primary legal crux of everything about this case is that Bragg has alleged (1) some campaign-related financial scheme (2) by or at least including Trump himself (3) to defraud all of the voters during and in regards to the 2016 presidential election, i.e., all about a federal election campaign..., which therefore unquestionably makes this a case primarily based upon alleged violations of federal campaign finance law.  Period.  End of story.  This case by Bragg cannot be based upon any NY state election/campaign law, nor upon any NY state tax law, or anything else, because the facts and ostensible scheme alleged by Bragg himself overwhelmingly necessitate his primary if not exclusive reliance upon his alleged federal campaign finance law issues.

Therefore by express federal law, Congress has FULL jurisdiction to investigate Bragg and crew, pursuant to the authority of 52 USC 30106(b)(2), which clearly states: Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office.

And by the way, because Bragg has admitted $5000 in federal funding used to drum up this bogus witchhunt, someone is B/W guilty of yet another whole slew of other felonies and misdemeanors per federal laws, such as 34 USC 10271... just saying....

THE ONLY PROPER MOTION TO FILE IN THE STATE COURT

Sure, there are a variety of possible state procedural motions (like change of venue, change of judge, etc.), and the availability of filing state motions to dismiss upon other grounds (the Indictment is fatally flawed for various reasons), and so forth and so on.

But if Trump's lawyers were to quickly (...) file ANY state motion at all, that would best be an immediate motion to dismiss for lack of jurisdiction, based on the following:
-- DA Bragg, a local county ("borough") prosecutor, has no jurisdiction whatsoever any federal campaign finance law issues, as all such matters are expressly the exclusive jurisdiction and province of the FEC and DOJ; (see the Venue and Jurisdiction section above on this same page)
-- Bragg has no jurisdiction over any alleged federal crimes of any type, as all such matters are expressly the exclusive jurisdiction and province of the DOJ; (again, see the Venue and Jurisdiction section above on this same page)
-- The state court itself has no jurisdiction over any alleged federal crimes of any type, as all such matters are expressly the exclusive jurisdiction and province of the DOJ (and because Judge Merchan already knew he had no jurisdiction over any alleged federal crimes of any type, he intentionally acted knowingly without jurisdiction, and so he therefore has no defense of any judicial immunity from Trump's civil lawsuit for damages, and the same goes for Bragg and the principal members of his team in automatically forfeiting any defenses of prosecutorial immunity); (again, see the Venue and Jurisdiction section above on this same page)
-- Further, because the only remotely possible remaining charges are then merely a stack of alleged NY paperwork misdemeanors attempted to be brought several years well after the statutes of limitations have long-ago expired, the state court simply has no jurisdiction over any such already long-expired and clearly-barred matters (and Judge Merchan, and DA Bragg, and the principal team members, already knew they had no jurisdiction, and therefore they still automatically forfeited and waived their any attempt to claim immunity from Trump's easily multi-million dollar civil suit against them plus the State of New York for literally massive amounts of damages); (see the Statutes of Limitations, Tolling section above on this same page)
-- Accordingly, the state court simply has no jurisdiction of these matters, whatsoever, and it can never obtain any future jurisdiction of these matters, and so not only must the state court dismiss the case entirely, but it must further dismiss the entire case with prejudice.

NO, BRAGG CANNOT HIDE ANY ENHANCEMENT CHARGE(S)!!!

MANY of the pundits (and Bragg himself) are knowingly lying to everyone (and via "electronic communication devices" hence also criminal acts of federal Wire Fraud), by saying that Bragg does not have to reveal the supposed-but-hidden underlying crime or crimes that ostensibly enhance his alleged NY state misdemeanors on up to felony charges somehow.  That is a gigantic load of very stinky BS garbage, because every first-year deputy prosecutor and every criminal defense attorney well knows that the 6th Amendment requires the criminal charging instrument (typically an "Indictment" or "Information") to clearly show and tell the Defendant well enough "to be informed of the nature and cause of the accusation" which unquestionably includes actually telling Trump and his lawyers exactly which frickin' ostensible underlying felony crime or crimes, by directly citing the given penal code(s), he is supposedly charged under.

Every single attorney pundit on television, cable and/or internet shows spouting such incredible garbage should be disbarred immediately, if not for willfully perpetrating federal Wire Fraud, then for being so daftly incompetent regarding Criminal Law 101, which apparently also includes Trump's defense attorneys in this bogus state case....

TRUMP'S RIGHT TO A FAIR AND VALID JURY OF HIS PEERS

Sure, there are all of the regular pundit comments out there already, with plenty of reasonable arguments about the obvious lack of any fair trial opportunity within the Borough of Manhattan, or anywhere in New York City for that matter, and all of those demographic and/or political arguments are sound legal advice regarding any regular criminal case jury, including in this state case.

But moreover, being charged as President, Trump is entitled to an actual jury of his "peers" which is to say, since Trump has been charged in direct relation to either his campaign for the Presidency, or his term of service as President, and/or for any issues directly related to his Presidency before, during and/or after his said term of service ended in January of 2021, then he is uniquely entitled to an actual, bona fide jury of his head-of-state peers, not a mere regular jury of regular citizens.  The author must further argue that, only because of our nation's related "federalism and comity" legal parameters, that individual state Governors most likely also enjoy that same right to have narrowly-tailored jury pools.  This special aspect of jury peers does not apply to lawsuits or corporate charges raised against any established business enterprise, like suits filed against the Trump Organization itself, or anything else in regards to regular citizens or business entities, but when it comes to either suing or charging any former or current head-of-state of our nation, the legal need to have an actual jury of peers inherently triggers having first a special jury pool from which to pick jury members.

The Merriam-Webster dictionary defines peer as: "one that is of equal standing with another" and it even further defines as "one belonging to the same societal group especially based on age, grade, or status" which makes the point crystal clear.  As a former President, and in a case about his Presidency, Trump's valid peers are only those of equivalently unique political-governmental status... other heads-of-state.

Twelve old angry white men would of course not be an actually valid criminal jury of "peers" for a young black woman charged with whatever alleged crime, even more especially if the charges included any racially-based or gender-based hate crime, for just one example.  But a criminal jury made up of any mix of U.S. citizens over any alleged crime by an illegal alien is perfectly valid, simply because an illegal alien does not have the rights of a citizen, and hence does not have all of the constitutional due process rights that citizens enjoy, for a contrary example.  And when a homeless man might get charged for a crime, having a valid jury of peers would certainly not mean having twelve assorted titans of industry from Billionaire's Row.  It is supposed to be an actual, bona fide jury of the defendant's peers, which is about the relative status.

If Trump was charged for drunk driving or something else that was only in relation to his regular, natural individual person, then a valid jury pool and valid jury could easily consist of just regular, everyday people, subject to only the normal requirements for everyday court fodder.  But as to any alleged acts of his Presidency, Trump is specially entitled to a jury pool and final jury of other heads-of-state, which does include Biden and other former, still-living Presidents, but then since that is still not enough for any reasonably sized jury pool, then under such a special situation it is debatable whether using foreign heads-of-state could be deemed sufficient and/or valid or not.  All of this is still, of course, wholly uncharted legal territory, something only the U.S. Supreme Court itself should address, but a federal court of appeals could be palatable enough to provide some initial guidance upon such matters.  All such heads-of-state would have to be brought into New York City, as regardless whether in state or federal court, the any given trial must still be held within the same jurisdiction of the alleged crime(s).

SELECTIVE ENFORCEMENT

The "selective prosecution" (selective enforcement) in this already-reediculous case is also manifestly unjust and provides its own legal bars to prosecution of these matters against Trump.  There are three (3) types of selective enforcement in this case.  The first level is that nobody else would ever be criminally charged with falsifying business records like this, but at most would simply pay a hefty fine, or more likely that would be just a minimal or "reasonable" fine amount, if any fine, especially due to the lapse of years involved.  The second level or type of unlawful selective enforcement is that Bragg's office has routinely reduced initial felony charges for violent crimes down to misdemeanors or even decided not to prosecute at all, while conversely enhancing all of the alleged misdemeanors by Trump up to felony charges when we're only talking about paperwork crimes and not even violent crimes.  The third level or type of illegal selective enforcement going on here is personal politics based, i.e., over some sort of alleged campaign finance law violations, Bragg charged Trump, but who was already investigated by the FEC and the DOJ without finding any violations, yet Hillary Clinton was found in violations of campaign finance law and Bragg's office has never charged her/them, and then also there is Alexandria Ocasio-Cortez, who is currently under investigation by the FEC for violations of campaign finance law.  All three of them (Trump, Clinton, AOC) did or still do live in NY near Bragg's office.  Ergo, Trump is also entitled (within either state or federal court) to full dismissal of these charges, solely upon the basis of wholly unlawful and even egregious selective enforcement.

MISCELLANEOUS LEGAL ISSUES

Yes also, both Merchan and Bragg each have multiple conflict-of-interest issues, and so not only should they both immediately recuse now, today, but the bigger issue is that neither of them should have ever, ever been involved with this case whatsoever, and all of that goes under Trump's column of ticked checkboxes when it comes to the civil damages countersuit, and pressing charges and convicting them both along with Cohen on all the various federal felony crimes of malfeasance listed and linked above.

Final Thoughts on the Four (4) Criminal Cases

The New York hush money case:

Recapping the entire Bragg case insanity, Trump has several valid legal defenses, but the simplest, most straightforward, and unquestionable position is (1) for mandatory dismissal (2) since all possible statutes of limitations, state and federal, have already expired long ago, (3) and since Bragg and crew already knew that all the statutes of limitations had all expired, (4) Bragg and crew are all B/W guilty of over one dozen federal felonies, including federal election inference crimes..., (5) and so Trump can invoke mandatory federal prosecutions against Bragg and crew since those crimes also include violations of Sections 241 and 245 of Title 18 of the United States Code, plus (6) Trump is entitled to expungement, and (7) at least $400M in civil damages.

The Florida classified docs case:

The Florida classified docs case is blatantly unconstitutional for Selective Enforcement reasons, requiring total dismissal.  If Biden can illicitly keep ten times (10X) as many classified docs, in ten times (10X) as many different places, and still not be criminally charged (if Biden is fit to be President then he is fit to stand trial), and Pence (as only a VP...) can somehow keep classified docs and not be criminally charged either, and other former Presidents can do the same and not be charged, then charging Trump is strictly unconstitutional and he is absolutely entitled to prompt dismissal of that case, plus Jack Smith is guilty of abuse of process, election interference crimes, and more.

The DC "2020 election interference" case:

First off, only an ignorant fool thinks the 2020 election was an honest and fair process with an actually valid result.  By late on election night, Trump led in all the several swing States by sufficient votes, yet after Democrat officials in the swing States then all shockingly "paused" their own vote counting process during that very same overnight, as an astronomically impossible simultaneous coincidence, with another astronomically impossible simultaneous coincidence of widespread and clearly unlawful ejection and/or other types of blockage of GOP poll watchers from authenticating those very same votes and totals, during which there was yet another astronomically impossible coincidence of many reported surprise truckload deliveries of additional ballots "just found" by the same corrupted state election officials, then magically by the morning after this same nightmare there were suddenly just enough votes for Basement Biden to somehow incredibly "win" the election.  Only the mentally incompetent and intentionally treasonous tout the pure nonsense of Biden being a validly elected President.

Further, and regardless of the 2020 vote count issues, Biden also is not the valid President because his 2020 campaign "ticket" was and is fraudulent and legally void, since Kamala Harris is not an eligible natural born citizen qualified to be his running mate or VP....  Even further, Biden is also not a constitutionally valid President because the whole notion of "running mates" for the White House violates the 12th Amendment by rendering it meaningless, because when you *always* pair candidates together onto the very same single ballot, then there will *never* be any point, purpose, or need for counting of "separate" and "distinct" electoral votes for each of those candidates... because they will always be the exact same electoral vote totals every single time.  The cold hard truth is that every White House since the Civil War / Reconstruction Era has been a patently unconstitutional fraud for pairing running mates onto the same exact "ticket" ballot.  You are *supposed* to vote for President separately from your vote cast for a preferred choice of Vice-President... you are supposed to vote for each White House candidate upon their own individual strengths... you are supposed to cast votes for your choices of different people... NOT be automatically, unlawfully, and effectively forced to always vote for a political party instead.  But I digress, and that's another story for later.

Second, nowhere in his speech did Trump ever even insinuate that anyone get violent or riot or invade the Capitol Complex buildings or obstruct any official proceedings or do anything else illegal, but in fact Trump did clearly ask everyone to "peacefully" voice their thoughts and concerns about election integrity.

Third, it is common knowledge that the FBI had false flag plants inside concerned citizen groups who were attending DC that day, that these plants and even members of the Capitol Police affirmatively beckoned the rally crowds to enter the buildings, even opening some of the doors for them, and also that there were multiple suspicious and inexplicable stand-downs of otherwise normal security aspects that day.

Fourth, the January 6th incident was not an insurrection, per se.  By definition, an insurrection is either a life-threatening and/or otherwise violent rebellion maintained at length by any group of people against government rule of law and order.  The J6 incident only lasted for just hours on a single day.  However, by very stark contrast, two (2) recent actual insurrections by the Democrats and liberals are indelibly evidenced by the 2020-2021 nationwide rioting and physical destruction of cities in the wake of George Floyd, and the several weeks of ongoing life threatenings of multiple Supreme Court justices outside their homes during May to July of 2023 in order to attempt obstructing justice over ending Roe v. Wade, when federal law is very clear about those daily federal crimes openly and brazenly committed by the Left.  Indeed, there are a number of Democrats in Congress that are authentically subject to permanent barring from ever holding any federal office pursuant to that same insurrection provision of the 14th Amendment they falsely tried upon Trump.

And fifth, on that day, Trump was still the current President, and duty obliged as President under Article II of the Constitution to ensure the *faithful* execution of all the laws - which includes in meaning also the *faithful* electoral vote tabulation by the Senate.

So again, charging Trump is unconstitutional and he is absolutely entitled to prompt dismissal of that case, plus Jack Smith is again guilty of abuse of process, election interference crimes, and more.

The Georgia "2020 election interference" case:

Simply put, combine everything relevant above, with the fact that Georgia was one of those very same contested swing States, and that sufficient voter/election fraud has been found and documented since then, in fact well more than the mere 11,779 votes that Biden supposedly won Georgia with, along with the facts that Trump as sitting President had the authority and duty to investigate Georgia's election and voting process as another faithful execution of laws, plus that he never asked anyone to do anything illegal, not to even mention all of the various ethical and due process violations involving DA Fani Willis, and well, you get the idea by now - Trump is entitled to dismissal of the charges against him, and Fani Willis is guilty of abuse of process, election interference crimes, and more.

More relevant information and law will be added as needed....

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