rule of law

The special grand jury in Georgia that investigated efforts to overturn the state’s 2020 presidential election results in favor of loser Donald Trump has recommended indictments against 39 individuals, a number significantly higher than the 19 people ultimately charged by prosecutors. Among those recommended for indictment in the Georgia RICO case but who were not charged were South Carolina Sen. Lindsey Graham, former U.S. Senators Kelly Loeffler and David Perdue of Georgia, and former Trump national security adviser Mike Flynn.

The report suggests that Fulton County District Attorney Fani Willis exercised discretion in streamlining the case, possibly due to factors like immunity deals, federal protections, or insufficient evidence. The grand jury accused the individuals of various offenses, including racketeering, conspiracy to defraud the state, false statements, perjury, and criminal solicitation to commit election fraud.

39 Georgia co-conspirators recommended for indictment

Rudy Giuliani with a hair dye problem
  1. Rudy Giuliani — Rudy Giuliani is an American attorney and politician, best known for serving as the Mayor of New York City from 1994 to 2001. He gained national prominence for his leadership during the 9/11 attacks. Later, he became a personal lawyer to Donald Trump and was involved in various legal challenges related to the 2020 U.S. Presidential election.
  2. John Eastman — John Eastman is a constitutional law scholar and attorney. He gained attention for advising former President Donald Trump on legal matters, particularly concerning the 2020 election. Eastman has been criticized for promoting theories that questioned the election’s integrity.
  3. Kenneth Chesebro — Kenneth Chesebro is a less-publicized figure, primarily known as a Harvard Law School lecturer. He specializes in legal writing and research, but has not been prominently involved in mainstream political or legal events.
  4. Donald Trump — Businessman and television personality. His presidency was marked by a polarized political climate, economic highs and lows, and two impeachments. He remains a highly influential figure in American politics.
  5. Cleta Mitchell — Cleta Mitchell is an American lawyer specializing in election law and campaign finance. She gained attention for representing Donald Trump in matters related to the 2020 presidential election and has been a vocal critic of its outcome.
  6. Jenna Ellis — Jenna Ellis is an American attorney and author. She served as a legal advisor to Donald Trump during his presidency and was involved in legal challenges concerning the 2020 election. Ellis is known for her conservative viewpoints.
  7. Mark Meadows — Mark Meadows is an American politician who served as the White House Chief of Staff under Donald Trump. Prior to that, he was a U.S. Representative from North Carolina. Meadows is a founding member of the House Freedom Caucus.
  8. David Shafer — David Shafer is a Republican politician from Georgia, serving as the Chairman of the Georgia Republican Party. He has been involved in state politics for years and was a vocal supporter of Donald Trump during the 2020 election.
  9. Ray Smith III — Ray Smith is a Georgia-based attorney who gained attention for representing the Trump campaign in legal matters related to the 2020 election in Georgia. He specializes in civil litigation and business law. He is accused of making false claims of election fraud at legislative hearings in December 2020.
  10. Lin Wood — Lin Wood is an American attorney known for high-profile defamation cases. He became a controversial figure for his involvement in legal challenges related to the 2020 U.S. Presidential election and his promotion of conspiracy theories.
  11. Lindsey Graham — Lindsey Graham is a U.S. Senator from South Carolina, serving since 2003. A member of the Republican Party, Graham is known for his conservative stance on issues like national security and his close relationship with Donald Trump.
  12. Sidney Powell — Sidney Powell is an American attorney and author. She gained national attention for her involvement in legal challenges related to the 2020 presidential election, promoting theories that have been widely discredited.
  13. Robert Cheeley — Robert Cheeley is a Georgia-based attorney specializing in personal injury law. He gained attention for his association with Lin Wood in various legal matters but is not a mainstream political figure. He is accused of making false claims of election fraud at legislative hearings in December 2020.
  14. Mike Flynn — Michael Flynn is a retired U.S. Army Lieutenant General who briefly served as National Security Advisor under Donald Trump. He was convicted of lying to the FBI but was later pardoned by Trump.
  15. William Ligon — William Ligon is a Republican politician who serves as a State Senator in Georgia. He gained attention for his efforts to challenge the results of the 2020 presidential election in Georgia.
  16. David Perdue — David Perdue is an American businessman and politician who served as a U.S. Senator from Georgia from 2015 to 2021. A member of the Republican Party, Perdue was a close ally of former President Donald Trump. He lost his re-election bid in the 2021 Georgia runoff to Democrat Jon Ossoff.
  17. Kelly Loeffler — Kelly Loeffler is an American businesswoman and politician who served as a U.S. Senator from Georgia. Appointed in 2019, she lost her seat to Democrat Raphael Warnock in the 2021 Georgia runoff. Loeffler is co-owner of the Atlanta Dream, a WNBA team.
  18. Cathy Latham — A previously lesser known figure in Georgia politics.
  19. Misty Hampton — A previously lesser known figure in Georgia politics.
  20. Scott Hall — A previously lesser known figure in Georgia politics.
  21. Boris Epshteyn — Boris Epshteyn is a Russian-American political strategist and commentator. He served as a special assistant to President Donald Trump and has been a vocal supporter of Trump’s policies.
  22. Jeffrey Clark — Jeff Clark is an American attorney who served as the Assistant Attorney General for the Environment and Natural Resources Division under the Trump administration. He gained attention for his role in Trump’s efforts to overturn the 2020 election results.
  23. Kurt Hilbert — Kurt Hilbert is an American attorney based in Georgia. He gained attention for his involvement in legal challenges related to the 2020 U.S. Presidential election, particularly in Georgia.
  24. Stephen Lee — A previously lesser known figure in Georgia politics.
  25. Trevian Kutti — Trevian Kutti is a public relations consultant who has worked with high-profile clients, including politicians and celebrities. She is not a mainstream political figure but has some influence in the PR world.
  26. Harrison Floyd — Harrison Floyd is a military veteran and political activist. He has been involved in conservative political campaigns and organizations but is not a mainstream political figure.
  27. Alex Kaufman — Alex Kaufman is an American attorney based in Georgia. He specializes in election law and has been involved in various legal matters related to elections, although he is not a widely recognized public figure.
  28. Joseph Brannan — A previously lesser known figure in Georgia politics.
  29. Vikki Consiglio — Vikki Consiglio is a Georgia-based political activist and member of the Republican Party. She has been involved in local politics and grassroots organizing but is not a mainstream political figure.
  30. Carolyn Fisher — A previously lesser known figure in Georgia politics.
  31. Burt Jones — Burt Jones is an American businessman and politician serving as a Republican State Senator in Georgia. He has been in office since 2013 and is known for his conservative stances on issues like healthcare and education. Jones was a vocal supporter of Donald Trump and has been involved in efforts to challenge the 2020 election results in Georgia.
  32. Gloria Godwin — A previously lesser known figure in Georgia politics.
  33. Mark Hennessy — A previously lesser known figure in Georgia politics.
  34. Mark Amick — A previously lesser known figure in Georgia politics.
  35. John Downey — A previously lesser known figure in Georgia politics.
  36. Brad Carver — Brad Carver is an American attorney and political strategist based in Georgia. He is a partner at Hall Booth Smith, P.C., and specializes in governmental affairs. Carver has been involved in Republican politics and has served as a delegate to the Republican National Convention.
  37. Shawn Still — A previously lesser known figure in Georgia politics.
  38. C. B. Yadav — C. B. Yadav is a businessman and community leader based in Georgia. While not a mainstream political figure, Yadav has been involved in local community initiatives and has received recognition for his philanthropic efforts.
  39. Jacki Pick — Jacki Pick is an American attorney and conservative commentator. She has appeared on various media platforms to discuss legal and political issues. Pick is known for her conservative viewpoints and has been a guest speaker at several conservative events.

What is RICO?

Georgia RICO brings racketeering to the fore, by Midjourney

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a U.S. federal law enacted in 1970, designed to combat organized crime. Initially aimed at dismantling the Mafia, RICO has evolved to address a broad range of illegal activities carried out by enterprises, which can include businesses, gangs, and even political organizations. The law targets patterns of racketeering, which may involve activities like money laundering, drug trafficking, and fraud.

In the legal profession, RICO cases are approached with meticulous care due to their complexity. Prosecutors must prove four key elements: the existence of an “enterprise,” a pattern of racketeering activity, a connection between the enterprise and the criminal conduct, and the defendant’s participation in the enterprise through the pattern of racketeering. Establishing a “pattern” usually requires at least two acts of racketeering activity within a 10-year period.

Defense strategies often focus on dismantling one or more of these elements. For instance, they may argue that the alleged activities do not constitute a “pattern” or that the defendant was not sufficiently involved in the enterprise. Given the severe penalties, which can include hefty fines and up to 20 years in prison per racketeering count, both sides often rely on extensive documentation, expert testimonies, and intricate legal arguments.

Trials are usually long-drawn affairs, involving multiple parties and numerous charges. The prosecution may use tools like wiretaps, surveillance, and informants to build their case, while the defense may scrutinize the validity and legality of such evidence. Due to the high stakes, RICO cases are typically handled by attorneys with specialized expertise in this area of law.

TL;DR: RICO is a powerful tool for prosecuting organized criminal activities, but its cases are complex and require a nuanced legal approach.

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A growing body of psychological and cognitive research is showing that the conservative mind has a few things in common. Some research suggests that conservatives may be more attuned to potential threats and have a stronger emotional response to them compared to liberals. For example, studies have found that conservatives tend to have greater physiological responses to images and sounds that evoke fear or disgust.

Other studies have found that conservatives tend to score higher on measures of cognitive closure, which refers to the tendency to seek closure and avoid ambiguity and uncertainty. This may manifest as a preference for traditional values and a resistance to change. Additionally, conservatives may be more likely to rely on heuristics (mental shortcuts) when making decisions, whereas liberals may be more likely to engage in deliberative thinking.

It’s possible these traits at growing scale could present a profound challenge for American democracy in years to come:

More on conservatives:

Fairness vs. Hierarchy ↗

Liberals believe in fairness; conservatives believe in hierarchy.

Rule of Law vs. Cult of Personality ↗

Democracy is built on the rule of law, but the right-wing tends to prefer a cult of personality.

Artists vs. Fundamentalists ↗

Artists are famously left-wing, and fundamentalists are classically right-wing..

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Dark money refers to political spending by organizations that are not required to disclose their donors or how much money they spend. This allows wealthy individuals and special interest groups to secretly fund political campaigns and influence elections without transparency or accountability.

The term “dark money” gained prominence after the 2010 Supreme Court decision in Citizens United v. Federal Election Commission. In that case, the Court ruled that corporations and unions could spend unlimited amounts of money on political campaigns, as long as the spending was not coordinated with a candidate’s campaign.

This decision opened the floodgates for massive amounts of dark money to flow into political campaigns, often with no way for the public to know who was behind it. Dark money can come from a variety of sources, including wealthy individuals, corporations, trade associations, and non-profit organizations.

Hidden donors

Non-profit organizations, in particular, have become a popular way for donors to hide their political contributions. These organizations can operate under section 501(c)(4) of the tax code, which allows them to engage in some political activity as long as it is not their primary purpose. These groups are not required to disclose their donors, which means that wealthy individuals and corporations can funnel unlimited amounts of money into political campaigns without anyone knowing where the money came from.

Another way that dark money is used in politics is through “shell corporations.” These are companies that exist solely to make political donations and are often set up specifically to hide the identity of the true donor. For example, a wealthy individual could set up a shell corporation and then use that corporation to donate to a political campaign. Because the corporation is listed as the donor, the individual’s name does not appear on any public disclosure forms.

The money can be used to run ads, create content and propaganda, fund opposition research, pay armadas of PR people, send direct mail, lobby Congress, hire social media influencers, and many other powerful marketing strategies to reach and court voters.

These practices erode at the foundations of representative democracy, and the kind of government the Founders had in mind. One is free to vote for who one wishes, and to advocate for who ones wishes to hold power, but one has no Constitutional right to anonymity when doing so. It infringes on others peoples’ rights as well — the right to representative and transparent government.

Dark money impact

Dark money can have a significant impact on elections and public policy. Because the source of the money is not known, candidates and elected officials may be influenced by the interests of the donors rather than the needs of their constituents. This can lead to policies that benefit wealthy donors and special interest groups rather than the broader public.

There have been some efforts to increase transparency around dark money. For example, the DISCLOSE Act, which has been introduced in Congress several times since 2010, would require organizations that spend money on political campaigns to disclose their donors (the acronym stands for “Democracy Is Strengthened by Casting Light On Spending in Elections”). However, these efforts have been met with resistance from groups that benefit from the lack of transparency — who, somewhat ironically, have been using their influence with the Republican Party to make sure the GOP opposes the bill and prevents it from passing, or even coming up for a vote at all.

In addition to the impact on elections and policy, dark money can also undermine public trust in government. When voters feel that their voices are being drowned out by the interests of wealthy donors and special interest groups, they may become disillusioned with the political process and less likely to participate.

Overall, dark money is a significant problem in American politics. The lack of transparency and accountability around political spending allows wealthy individuals and special interest groups to wield undue influence over elections and policy. To address this problem, it will be important to increase transparency around political spending and reduce the influence of money in politics.

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There is psychological evidence that people tend to behave more morally when they know, or when they believe, someone is watching them. When observers are present, people’s worst antisocial tendencies tend to be mitigated to some degree. There is also evidence from religious studies, that show belief in a moral god who has infinite access to your deepest motives enhances the effect from more “secular” oversight from experiences like instinctively braking when you see a cop on the highway.

On the other end, there is a lot of benefit to all manner of people and organizations being able to have oversight — from a boss supervising an employee, to a client evaluating an agency, to law enforcement surveilling suspects and surveillance more broadly. Observation is the key to experimentation under the scientific method, and a surveyor prepares land for development. The feedback loops that result from being able to see how a plan, theory, or hypothesis work out in the real world allow the original assumptions to be validated or adjusted, accordingly.

The government is an organization that operates largely in an oversight capacity. The executive branch runs departments that broadly oversee the nation’s transportation, military, national security, diplomacy, law enforcement, justice system, budget, economy and fiscal policy, education policy, energy grid, and stockpile of nuclear weapons — among much else. In a federalized system of 50 states under a larger national banner, many regional and local differences add to the complexity of the policy and enforcement concerns, and the difficulty of managing both a large population and vast land mass.

Conversely, if you believe no one is watching, you are more likely to commit corruption or crime. If someone thinks they can get away with it, they are much more likely to try and grab an opportunity. The growing scale and speed of modern society tends to exacerbate the feeling that “no one is watching,” making it seem like it matters less if small rules are broken here or there — an effect which can continue to snowball into crimes of greater and greater severity.

Anti-government sentiment rejects oversight

Here is yet another reason to be skeptical of anti-government sentiment amongst so-called “patriots” who seek to overthrow free and fair elections: how can government fulfill its sacred obligation to perform its oversight duties if it’s been drowned in a bathtub? It can’t!

Related concepts:

  • God
  • the watchful eye — annuit coeptis
  • the Oversight Committee
  • the rule of law / spirit of laws
  • surveillance
  • night watchman state
  • police brutality
  • transparency
  • “Hell is other people”
  • Eye of Sauron
  • the peanut gallery
  • hecklers
  • hall monitors
  • judges
  • supervisors
  • parents
  • overseers
  • vantage points
  • command view
  • crow’s nest
  • dystopia
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GOP angry elephants

Only 7 out of 50 among them are patriots — the rest, cowards and knaves who continue to seek destruction of this republic out of self-interest and an authoritarian’s need to dominate others. Today’s impeachment vote of acquittal for Trump‘s role in the January 6 insurrection was brutal but of course, not surprising. It highlighted once again something that’s been hiding in plain sight for some time — that the Republican Party is a criminal organization that thinks of itself and its members as being above the law.

“Law and Order” is just another Big Lie

It’s used to cover up quite the opposite — criminality, entitlement, sadism, and a zeal for the domination of others. Including both the violent insurrectionist kind and the pasty jowly turtly slow walking kind on the right wing. The GOP is an insult to the rule of law.

https://twitter.com/anders_aslund/status/1360092604919128064?s=20

There is no best time to impeach a president

Unfortunately the spineless toothless Republican Senators defanged the Constitution today, by casting into doubt its power to achieve healthy checks and balances between the branches of government. They gleefully gave up the role of Congress in moderating the chief executive — to the probable detriment of us all.

As usual, they performed a series of timeline hacks, rhetorical games, and parliamentary tricks that resulting in the “logical” impossibility of ever successfully impeaching a US president. They are masters at avoiding responsibility for their actions, and fiercely protect their own, even despite heinous crimes.

Senate Minority Leader Mitch McConnell and his merry band of “institutionalists” and “originalists” have managed to do more damage to our institutions than any other Republican administration, and that’s truly saying something.

In addition to sowing doubt about our elections, throwing SCOTUS and the courts under the bus despite having packed them with conservative judges and loyalists for years, damaging our sovereignty and our national security, and impugning our reputation with nations around the world, they’ve managed to turn the United States into a kleptocracy. It’s official: the Republican Party is a criminal organization.

Let the DOJ do its work

Even Trump’s own lawyer advocated for it, along with McConnell. Though he can’t be trusted and will surely have tricks up his sleeve, it would be cathartic to see Attorney General Merrick Garland and the much-maligned Department of Justice bring down the largest RICO case in the history of history. I hope that karma brings justice to all of them, regardless of the actual outcome here and now.

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In contrast to the cult of personality, the rule of law is a moral force. It’s an ethical tour de force that’s been hard-fought and won in democracies around the world beginning with the French Revolution. And it’s still going on today — everywhere citizens are struggling to achieve political power and equality.

When justice holds sway, there is a true objective arbiter and an ethical framework society can hang from. Imperfect though its actual execution by actual humans may be, the rule of law provides a fundamental basis for agreement on what is right, what is wrong, and how best we shall live in our societies.

The Right-wing and the rule of law

The right-wing faction once gave lip service to the rule of law — when they still had a monopoly over it. Now that they no longer do, the extreme right has abandoned it in favor of a venal power grab in the form of an essentially fascist idea: the Cult of Personality.

In Donald Trump and in authoritarian leaders around the world, the Cult of Personality reigns. These leaders go out of their way to flout the law. They repeatedly allege or assert that they are above it; that they are special. They allege that they’re so special as to be immune to application of the rule of law that applies to other citizens.

When the justice goes dark, trouble brews. When the cult of personality holds sway, entire societies become vulnerable to propaganda, disinformation, gaslighting, fakery, and lies of all kinds. Without a grasp of the truth — and mechanisms within the structure of society to champion it and root it out — societies cannot make informed decisions. They cannot effectively self-govern, and cannot wholly wield the political power a democracy is meant to endow them with. Without the rule of law, freedom is not just imperiled — freedom is dead.

It is most certainly a dark and stormy evening.

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EqualitySupremacy
opportunitygatekeepers
democracyautocracy
diversitymonoculture
rule of lawfealty
entrepreneurshipfeudalism
accountabilitycorruption
Golden Rulepersecution
freedomoppression
fairnessarbitrariness
inclusivenessxenophobia
progressiveconservative
legal customsphysical force
creativerent-seeking
noveltystatus quo
favors challengersfavors incumbents
meritocracyaristocracy
holocracyhierarchy
consensusdictatorship
consenttyranny
diplomacyviolence
curiosityfear
toleranceintolerance
flexibilityrigidity
multi-facetedsingle-mindedness
organicbureaucratic
emergentcontrolling
radialtop-down
deliberaterash
carefulreckless
self-actualizedinsecure
logical reasoningmagical thinking
universaltribal
comprehensivedismissive
caretakingmilitaristic
communitygated community
independenceconformity
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