As prosecutors — municipal, state and federal — delve into Trump's machinations to upend the 2020 election, foment an insurrection, conceal and destroy classified documents, obstruct justice, interfere in Georgia's election, pay hush money to a porn actress and deceive campaign oversight authorities, the Times reports that Special Counsel Jack Smith is expanding his investigation of the former president and his political aides for violating federal wire fraud statutes.
Initially, Smith was looking only at Trump's super PAC, Save America, for having swindled contributors by saying it was raising funds to fight election fraud, even though PAC administrators had been told there was none. Smith has now broadened his investigation to include "a joint fund-raising committee made up of staff members from the 2020 Trump campaign and the Republican National Committee, among others."
Like virtually all of Trump's crimes, his $250 million fundraising scheme via wire fraud should, in a rational courtroom, be a slam dunk for prosecutors. He was informed repeatedly that no election fraud occurred. His own attorney general, Bill Barr, told him so. His communications staff produced a report refuting claims of Dominion's vote-flipping.
His campaign team hired Simpatico Software Systems to investigate claims of fraud; it reported back, saying it "found no substantive fraud sufficient to overturn an election result." Trump's campaign team then hired another firm, the Berkeley Research Group, to investigate. It confirmed Simpatico's findings.
As well, the public record is rife with Trump advisers who've said they told him that he had lost the election fair and square. And in his rare moments of lucidity, he conceded such. For his attorneys to file into court and claim the Donald was blinkered about what he has always done best — con suckers out of their money — would be as laughable as his other, anticipated defense: that his wire fraud was merely free speech.
As last week proceeded, Trump, no doubt, developed yet another headache. "The former VPOTUS just testified in a criminal investigation of his former POTUS," and "that is basically breathtaking," said former U.S. attorney Harry Litman. Tweeted erstwhile federal prosecutor Glenn Kirschner: "Take it from this old prosecutor — Pence's testimony is sharply incriminating of Trump & moves the needle further in the direction of a Trump indictment." And former federal prosecutor Andrew Weissmann said there was "very little reason" for prosecutors "to dawdle" after Pence's testimony. "Expect decisions soon from Jack Smith," wrote Weissmann.
There will, of course, always be a solid, impenetrable core of fanatics who say all the criminal charges against Trump are politically motivated and wholly without merit. This delusional bubble accounts, probably, for about 20% of the electorate. These yahoos would vote for Trump as he sat weaving baskets or molding license plates in Atlanta's federal penitentiary.
But among Trump's current base of roughly another 20%, profound doubts about his electability will arise. The notion of a multi-indicted presidential nominee will sink many a partisan heart. This crowd will also recognize that the quality of so many criminal indictments is not strain’d; it droppeth as an ungentle torrent from earnest, dispassionate prosecutors. This is when Ron DeSantis' star will again peep over the horizon.
How Trump will find time to campaign — as he suffers through countless depositions and battles reams of pre-trial motions — is another question. To date, his lawyers have been able to run interference for the former president. But that will change as indictments come down and face-to-face, Trump-interrogator appointments become unavoidable.
This summer, one suspects, we'll witness a multi-indictment pile-up on Trump's front lawn. And he'll be trapped behind the wreckage, all alone.