On August 3, former President Donald Trump appeared in Federal District Court in Washington DC to be arraigned on a four-count indictment, namely: Conspiracy to Defraud the United States, Conspiracy to Obstruct an Official Proceeding, Obstruction of and Attempt to Obstruct an Official Processing, and Conspiracy against rights to vote and have the vote counted. Much of the information in the indictment was previously made public through the January 6 Commission Hearing and Report. As special prosecutor Jack Smith said, you should read the indictment before jumping to conclusions. Thus, I will let you read the indictment for yourselves and instead comment on some of the responses to the indictment.
House Committee on Oversight and Accountability Chairman James Comer (R-Ky.), on the date that Trump was arraigned, released the transcript from Devon Archer’s transcribed interview. Archer was Hunter Biden’s business partner. Right on key, Fox News made it the lead story. The problem is that the transcript was not very helpful for them in their quest to take down President Biden by claiming that he was a partner with his son and was receiving money. I was not surprised that the transcript was unhelpful, since Republican Congressman Jim Jordan, when asked about what Mr. Archer said, did not mention any particular statement but said it was “very productive.” In contrast, Dan Goldman, a former federal prosecutor and a member of Congress, mentioned specific portions of the transcript. Then Sean Hannity went after Goldman. The transcript proved Goldman right.
For example, Mr. Archer testified that Hunter was selling the illusion of access to his father (116). Calls were part of projecting the illusion of access (128). Hunter was also creating the appearance of access to all of DC (129,130). He is not the only one relying on his famous father. Mr. Archer was asked, “Would you say that Donald Trump’s children benefit from their last name being Trump?” Mr. Archer responded, “I would speculate to say yes.” (133).
Joe Biden had nothing to do with any of his 12 business ventures with Hunter, including ownership, investing, or anything (131). “He was not aware that Hunter Biden ever discussed policy with his father, discussed business with his father, influenced American policy for purposes of his business or otherwise caused the Vice President or asked the Vice President to do anything improper” (131).
Then there was the FBI Form 1023 that Republicans claimed showed that the President was bribed. He threw cold water on that too, denying that it proved that Joe Biden was bribed by Mykola Zlochevsky (112).
The same day, Speaker McCarthy (while appearing to be agitated) argued that if Trump should be charged for his conduct post-election, then former Senator Hillary Clinton and others should have been prosecuted and put in jail because they questioned the results of an election. He should get an A for acting. I guess if you sound upset it makes what you say sound plausible. I can’t believe that McCarthy really believes that. He’s smarter than that. No other losing presidential candidate or party apparatus engaged in conduct that was alleged in the indictment. Some conceded the night of the election or soon thereafter when the result was clear. There was litigation involving the Florida counting in the election between George W Bush and Senator Al Gore. Gore lost in the Supreme Court, in a decision where the members of the Court nominated by a Republican president voted against him, and the Democrat members voted with him. Gore did not attack the Court and instead accepted the decision. There were others who were upset with this result, but they left it at that.
Gore, unlike the others, was in the same position as Vice President Mike Pence. He did the same thing as Pence did in his ceremonial role as president of the Senate. He did not do what Trump wanted Pence to do, namely, illegally overturn the vote either by rejecting legitimate electoral votes and declaring him the winner, accepting a false slate of electors or sending it back to certain state legislatures which his party was in the majority to decide what to do. Trump’s attorney admitted that Trump wanted the last option. Gore and Pence are heroes. Trump accused Pence of being too honest. It was not merely an issue of honesty. Pence understood the rule of law and that there was something more important than his own success and power, something that Trump can never understand.
I expect other “defenses” or false equivalencies to be made by Trump defenders. Even if Trump is not convicted of all of the charges, the conduct as alleged in the indictment is just more proof why he is not fit to be president. There are better alternatives that Republicans can choose as their candidate for president.
Warren S. Hecht is a local attorney. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it.
