He Threw The First Match

Posted on by under Election 2020, History, Law and justice, Political commentary, Social commentary

In a country filled with people who are only waiting for an excuse to ‘go after’ their perceived opponents with threats and acts of violence, in a country that is truly a tinderbox just waiting for a match, a ‘man’ who was once the most powerful in the nation throws a burning match into the already-smoldering large pile of very dry straw.  Joyce Vance tells the tale …

“If you go after me …”

By Joyce Vance

05 August 2023

Today, Donald Trump issued what can only be construed as a shot across the bow, after the Magistrate Judge Moxila Upadhyaya admonished him during arraignment yesterday that he must not commit any new crimes while on a pre-trial bond—the thing that’s keeping him out of jail before trial—and that efforts to influence or intimidate witnesses, jurors or others involved in the case were illegal.

So, Trump posted this on Truth Social this afternoon.

It couldn’t be more clear that this is a threat to Jack Smith and the prosecutors and investigators involved in the case against him. It’s readily construed as a threat against state court prosecutors like Alvin Bragg in New York and Fani Willis in Georgia and could even be seen as a threat to people like E. Jean Carroll who have the temerity to hold him accountable for civil misconduct.

That’s a threat, made by a defendant in a criminal case, after being warned by a judge that there were consequences for violating conditions of release. Trump may think he can be cute and deny it if confronted. Maybe he’ll use his usual line: it’s just a joke. But we can all see it for what it is.

The special counsel’s office alerted the Judge to the post tonight, as part of its motion seeking a protective order for the discovery materials it will be releasing to Trump in the case. The government wants assurances, in the form of a protective order, that Trump won’t make the discovery materials public.

There is good reason for this. Some of the discovery contains personal identifying information for witnesses. If publicly disclosed, that could put them at risk of doxxing, identity theft or other harm. There is also grand jury testimony from witnesses, who might be put at risk if they find themselves suddenly in the public spotlight. As the government explains in its motion, “If the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.”

Prosecutors haven’t asked the court, at least not yet, to revoke Trump’s bond. That, of course, would be a step that would trigger prolonged litigation and possibly delay the trial. That seems to be the one thing Jack Smith is trying to avoid at all costs. He has made strategic decisions, for instance, only indicting Trump and leaving the co-conspirators unindicted, that streamline the process. He clearly wants his trial before the election.

A motion to rescind Trump’s bond based on this one post might not be successful. But he has a history of threatening prosecutors, as well as of making nasty statements about judges and witnesses. It’s more than just the one statement. It wouldn’t be inappropriate to force him to explain why his bond shouldn’t be revoked at this juncture. But Smith is taking the high road, not because he’s showing any special deference to Trump, but because he wants to avoid distraction and keep his case moving towards trial. That’s his clear north star.

The government has to establish that a defendant is a flight risk or a danger to the community in order to detain him in pre-trial custody. The statute that governs release or detention of a defendant pending trial, 18 USC § 3142, permits the court to craft conditions of release that prevent the defendant from endangering the community, if he would present a risk if released without them. At arraignment, the judge imposed the condition specifically authorized by the statute, that Trump’s release was “subject to the condition that the person not commit a Federal, State, or local crime during the period of release.” This is remarkable when you think about it. The former president of the United States presents such a danger to the community that he could not be released without imposing the condition designed to prevent him from harming people.

The statute also permits the judge to impose additional conditions if necessary, so long as they are “the least restrictive further condition, or combination of conditions, that…will reasonably assure the appearance of the person as required and the safety of any other person and the community.” This portion of the statute permits judges to prohibit contact with witnesses, which we’ve seen happen to Trump both in Florida and in this new case in Washington, D.C., again, a remarkable marker of Trump’s demonstrated potential for criminality. If the Judge deems it appropriate, she could add additional conditions to Trump’s release based on this conduct.

Much of the threat Trump presents is his ability to use social media to inflame his base. It only takes one person, hearing Trump’s message as a request for help, to act out in a violent way. After the search at Mar-a-Lago and Trump’s posts condemning law enforcement, an Ohio man, Ricky Shiffer, was killed while attacking an FBI office in response. Trump is on notice that his words provoke people to violence—we’ve seen it a number of times and, of course, on January 6. There is no reason to indulge him further and wait until more tragic violence takes place. The government has now put the Judge on notice of Trump’s actions. While it may be premature to detain him at this point, it’s not premature to demand an explanation of his behavior, to reiterate his conditions of release, and to make sure he understands he now lives in a world where there are consequences for breaking the rules. And then to follow through if Trump can’t comport himself like any other defendant in a criminal case must, if they wish to remain out of custody ahead of their trial.

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49 thoughts on “He Threw The First Match”

    • I know exactly how you feel! I actually yelled at my daughter the other night as she was scrolling through channels and briefly paused on one that had a picture of him … I said, “Get that ‘man’ off the screen NOW!” Hmmmm … interesting that you think the Georgia case will get him first … you may well be right. It’s a simpler case than either the documents or the January 6th cases, so maybe! I wish the January 6th case could be tried by the end of the year, for that is the one most likely to keep him off the ballot next year, but I know that it won’t happen … I’ll be surprised if his lawyers don’t get it pushed back ’til after the election. So, maybe Georgia is our last best hope. I think, from what I’ve read, that Fani Willis has done her homework and should have an airtight case! ❤

      Liked by 1 person

      • Yes, Fani has been working hard on this case. I think also because it is the State of Georgia charging him as opposed to the federal charges that pardons don’t count for. 🙂 ❤

        Liked by 1 person

            • Back in my career days … I was Accounting Manager for a publishing company … if we had to terminate an employee, we tried to do it on Friday afternoon, to give the dust time to settle over the weekend! Perhaps the thinking here is the same. Though, I read that the grand jury in Georgia will convene on Monday, so it seems unlikely that an indictment can happen before next week. xx

              Liked by 1 person

  3. Hello I spent my morning watching the broadcast morning news shows. Mr. trump’s lawyer was on each saying how his post was like every other thing he has said or done, protected political speech against his political opponents. Basically even when called out they are going to try to push deniability for every post / off comment trump makes threatening anyone as free political speech. Plus the lawyer framed the protective request as an attack on the press to keep the public uninformed about all the evidence proving Mr. trump correct. Again it is not trump doing anything wrong, it is everyone else doing wrongs to trump. trump is the poor victim again. Very nauseating to listen to and even when the hosts pushed back the lawyer wouldn’t accept reality, history, or facts. Plus he repeatedly and pointedly kept referring to Mr. trump as President. Hugs

    Liked by 1 person

    • Yes, I heard that his lawyer was on every talk show he could find crying that Trump’s threats were ‘protected’ political speech. To which I say, “BULLSHIT”. There ARE very real limits to that ‘freedom of speech’ clause. Try yelling “FIRE” in a crowded theater, or “BOMB” on a commercial airline and see where you end up! I’m pleased that the judge in this latest indictment is not putting up with Trump’s and his attorneys’ bullshit. Could be an interesting few weeks ahead, eh?

      Liked by 1 person

  6. I am 71, and cannot remember any politician in my lifetime dividing America into two camps the way Trump has. His followers are no better than cultists, and remind me of those who confronted the authorities in Waco in 1993.
    Best wishes, Pete.

    Liked by 7 people

    • I am 72 (beat you by a year 🤣 ) and like you, in my lifetime there has been no president who divided the nation in the way that Trump has. Nixon looks like an angel as compared to Trump, and at least Nixon had the decency to resign once he realized he would soon be impeached. AND … some years later, Nixon waived his Secret Service protection to save the country money … can you imagine Trump ever doing that? I would love to drop back in 100 years from now to see how history treats Trump and this period.

      Liked by 3 people

      • Nixon is a saint in my community. He did many many good things besides giving us kidney patients real health care. Even Hitler did a few good things as leader. Imagine how bad you have to be to be found wanting against that competition. There is no evil just disease.

        Liked by 1 person

        • I agree … well, I don’t see him as a saint, but he was the one who first took the environment seriously and created the EPA, and I do think he took his oath of office seriously. I’m not sure what good things Hitler did, however … that one would stretch my imagination! Yes, I’ve said before that we actually had two pandemics: Covid and Trump

          Liked by 3 people

          • I’d be dead. Even real money won’t pay for dialysis for long.
            Hitler establish the German environmental laws protecting animals in the wild and setting up the parks and nature preserves enjoyed by the German people to this day. He was fond of animals just not God and his people. 🙂

            Liked by 1 person

            • True … and I’m sorry … I didn’t realize you were on dialysis.

              I didn’t know that about Hitler … and frankly, it is strangely inconsistent, though I’m sure you’re right. He had no compunction about killing thousands of humans, but preserved wildlife?

              Liked by 1 person

              • Don’t feel sorry for me, it brought into focus life. I walked into the emergency room 3 yrs ago July 1st when I became eligible for medicare (greatest thing ever). They did some blood work gave me a bed and about 3 hrs in this beautiful woman came it the room and ASKED ME “Why aren’t you Dead?”. The next few hours were spent in bouts of torture as various talented people tried to shove things up my penis. About 9 PM the GOAT of urology showed up David Hadley, MD and after his 1st attempt got this look on his face that I had seen before on free-climbers 3/4 of the way in and a problem arises. He ordered up some machine used in the Spanish Inquisition (not the comfy chair) and finished the jog in a flood of blood and piss. It was an INCREDIBLE POV experience. They put a hole in me and cautioned that Death and Dirty Water are the same thing (bad news for my two sailboats). For reasons I don’t understand I find it “cool” that final destiny is two weeks away without the modern electrical grid and the miracle of the package delivery system. Explains why that video of Bobby McFerrin is so captivating, he is 73.
                I have learned to tolerate people as understanding how they work might be a fool’s errand.

                Liked by 1 person

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