Hi, Shrewd!        Login  
Shrewd'm.com 
A merry & shrewd investing community
Best Of Politics | Best Of | Favourites & Replies | All Boards | Post of the Week!
Search Politics
Shrewd'm.com Merry shrewd investors
Best Of Politics | Best Of | Favourites & Replies | All Boards | Post of the Week!
Search Politics


Halls of Shrewd'm / US Policy
Unthreaded | Threaded | Whole Thread (23) |
Post New
Author: Dope1   😊 😞
Number: of 15062 
Subject: Mayorkas didn't get a pardon
Date: 01/20/2025 5:38 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 2
Whoopsie.
Saw a great idea on the interwebs: charge him with human trafficking (or the aiding and abetting of) in Texas.

Won't be hard to empanel a jury there. Nor to indict a ham sandwich.

Those are the rules, right?
Print the post


Author: albaby1 🐝 HONORARY
SHREWD
  😊 😞

Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 7:51 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 7
Saw a great idea on the interwebs: charge him with human trafficking (or the aiding and abetting of) in Texas.

Won't be hard to empanel a jury there. Nor to indict a ham sandwich.

Those are the rules, right?


Nope. The rules are that if Mayorkas has committed a crime in the state of Texas, he can be prosecuted and tried for that crime in the state of Texas.

Mayorkas has not committed the crime of human trafficking. Nor has he committed the crime of aiding and abetting human trafficking. Making lawful decisions about the operation of the federal agency that combats human trafficking - even if those decisions are bad ones - do not constitute committing the underlying crime. Even bad police chiefs aren't guilty of murder, unless they commit a murder.

If Mayorkas actually engaged in human trafficking in Texas, then of course he can (and should) be indicted there. But since he did not, he cannot (and should not) be.
Print the post


Author: Dope1   😊 😞
Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 7:57 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 1
The rules are that if Mayorkas has committed a crime in the state of Texas, he can be prosecuted and tried for that crime in the state of Texas.

Is human trafficking not a crime in Texas? Or at least, aiding and abetting it?

Mayorkas has not committed the crime of human trafficking.

Well...this would be the question, wouldn't it?



Print the post


Author: albaby1 🐝 HONORARY
SHREWD
  😊 😞

Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 8:01 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 8
Well...this would be the question, wouldn't it?

Sure - but the answer is no. There's no indication that Mayorkas ever did anything in the state of Texas other than discharge his functions as the Secretary of Homeland Security. Since none of those actions constitutes human trafficking, he's not going to be prosecuted for human trafficking.

When a person commits a crime - whether they're a public figure or not - they can be prosecuted for that crime. When a person is known to have not done anything that constitutes any of the essential elements of a crime, it is exceptionally difficult to prosecute them for that crime.
Print the post


Author: Dope1   😊 😞
Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 8:07 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 2
Sure - but the answer is no.

Says who? I'd say let's empanel a grand jury in deep red Texas and find out.
After all, if crimes can be strung together to indict one guy, why not another?
Print the post


Author: albaby1 🐝 HONORARY
SHREWD
  😊 😞

Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 8:15 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 9
Says who? I'd say let's empanel a grand jury in deep red Texas and find out.
After all, if crimes can be strung together to indict one guy, why not another?


Says reality.

The reason that Trump was able to be indicted in New York is because he did something that violated the law. He created (or caused to be created) several business records that contained false information. Regardless of whether or not you think he should have been prosecuted for that, or whether he should have been prosecuted for the crimes he was charged with, those underlying acts were never disputed.

There's nothing equivalent for Mayorkas. There is no allegation that he committed any predicate act for human trafficking. Setting and administering federal policy on immigration is not human trafficking - even if a consequence of a policy is that human trafficking is more likely. That's why state legislators can't be prosecuted for aiding and abetting federal drug trafficking if they vote to decriminalize marijuana in their state. Acting in a legislative or regulatory capacity overseeing areas of law enforcement is not the same as engaging in the underlying criminal act, even if you make choices that will end up with more of the underlying criminal act being committed.

To get an indictment, you have to be able to provide some evidence to the grand jury that the accused committed the crime. Not a lot, but some. What's the evidence?
Print the post


Author: Dope1   😊 😞
Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 8:18 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 2
Says reality. The reason that Trump was able to be indicted in New York is because he did something that violated the law.

You know better than this, or at least you should. No one has ever been charged with what they hit Trump with and the second it gets in front of a federal judge the whole thing will be thrown out.

The point of this is twofold.
1. What's good for the goose is sauce for the gander.
2. You know what they say about payback.

Some of this board will scream bloody murder about Point #2. But the...point...is that the democrats have made a mockery of our system of justice and a pound of flesh must be extracted so they never pull this sh1t again.
Print the post


Author: albaby1 🐝 HONORARY
SHREWD
  😊 😞

Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 8:26 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 11
You know better than this, or at least you should. No one has ever been charged with what they hit Trump with and the second it gets in front of a federal judge the whole thing will be thrown out.

Lots of people have been charged with the underlying law that Trump was charged with violating - falsifying business records. The specific legal arguments that the prosecutors made might have been novel, but the underlying factual predicate was not. Trump created or caused to be created a business record that contained false information. Whether a misdemeanor or a felony, barred by statute of limitations or not, the prosecution had evidence of an actual act committed by the accused that was criminalized under state law.

Which is why Trump wasn't able to get the charges thrown out before trial. And if he gets it thrown out by a federal judge, it will not be because the charges lacked an evidentiary predicate - it will be on one of the more novel points of law.

That is absent for Mayorkas. There's a reason why no one is suggesting that Pete Buttigieg can be indicted in North Dakota for possession of cocaine with intent to distribute - because it's not true. There are people who mistakenly believe that maladministration of federal immigration policy can be construed as "human trafficking" under a believe that he might have caused human trafficking to go up - but that's not how the criminal law works. Mayorkas didn't engage in human trafficking - as a factual matter, unlike Trump, there is not an underlying action that he took that has been made illegal by Texas law.

So, no - he's almost certainly not going to be prosecuted.
Print the post


Author: Dope1   😊 😞
Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 8:27 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 3
And, oh yeah.

Know who else didn't get a pardon? None other than Alexander Vindman.

Vindman absolutely leaked a classified phone call to kick off an impeachment, so he is fair game for prosecution. Since he was in uniform when he did it, they can fry him with the UCMJ in front of a military judge.
Print the post


Author: Dope1   😊 😞
Number: of 15062 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 8:33 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 2
Lots of people have been charged with the underlying law that Trump was charged with vio

None of them were charged after the statute of limitations ran out and zero of them were charged with bullsh1t felonies.

Circumstances demand a few democrat scalps. Let's see some!
Print the post


Author: albaby1 🐝 HONORARY
SHREWD
  😊 😞

Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 8:53 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 8
None of them were charged after the statute of limitations ran out and zero of them were charged with bullsh1t felonies.

Even if true, it doesn't mean that someone can be indicted when they haven't committed even the misdemeanor.

Again, that's the difference. Mayorkas won't get prosecuted because he hasn't done anything that's criminalized in Texas. Trump was prosecuted because he committed a criminal act in New York - and regardless of whether there are legal arguments that he can raise on appeal about how the statute of limitation should have been calculated or whether the legal reasoning behind the felony charge was sound, it's that underlying criminal act that is necessary for a prosecution to get started.

Print the post


Author: bighairymike   😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 9:13 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 2
When a person commits a crime - whether they're a public figure or not - they can be prosecuted for that crime. When a person is known to have not done anything that constitutes any of the essential elements of a crime, it is exceptionally difficult to prosecute them for that crime.

---------------

Well that's the beauty of Lawfare isn't it. Even if ultimately found not guilty, the severe wear and tear of living with the uncertainty and the expense is punishing all by itself.
Print the post


Author: Dope1   😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 9:23 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 2
Well that's the beauty of Lawfare isn't it. Even if ultimately found not guilty, the severe wear and tear of living with the uncertainty and the expense is punishing all by itself

Yep. And with DOGE saving us money, there will be plenty of cash to use to spend on DOJ prosecutors.

There are a lot of Covid officials who could stand to be looked at also.
Print the post


Author: Dope1   😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 9:27 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 2
And just to put a fine point on this:
Game theory demands a tit-for-tat strategy here. Otherwise the democrats will just keep abusing the Law to punish/discourage/silence all future Republicans.

What needs to happpen is a vigorous dosing of their own medicine, so much so that they never even *think* of pulling this kind of stuff ever again.
Print the post


Author: Lapsody 🐝  😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/20/2025 11:59 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 3
Well that's the beauty of Lawfare isn't it. Even if ultimately found not guilty, the severe wear and tear of living with the uncertainty and the expense is punishing all by itself.

Are you kidding me? Trump has lived lawfare, and it doesn't seem to wear him out - but that's because he's not the one getting hit by the lawyers to lower the billing - he does that. The people he's stiffed in one way or another is long.

And by the way Mike, the pardons are out - where's the list of the unpardoned violent Jan6ers? Have you seen one?
Print the post


Author: bighairymike   😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/21/2025 12:27 AM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 3
And by the way Mike, the pardons are out - where's the list of the unpardoned violent Jan6ers? Have you seen one? - Lapsody

----------------

14 are still under review, presumably these are the ones who committed the physical violence.

As Trump points out, the rest have already served a lot of jail time. Many have served more time than other criminals who have committed much more violent crimes.
Print the post


Author: Lapsody 🐝  😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/21/2025 8:10 AM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 10
There are a lot of Covid officials who could stand to be looked at also.

For what reason? Exactly what elements of what crime are they guilty of? Are you going to prosecute people based on Dope's gut feeling? So now we are going to prosecute people for crime's that are made up afterword to suit the kayfabe audience? Are we going to have soviet style show trials now?

If you don't have something that shows they committed a crime - why waste your time falsely charging them? To titillate the kayfabe audience? So we're in the bread and circuses part of the American Dream?
Print the post


Author: wzambon 🐝🐝 HONORARY
SHREWD
  😊 😞

Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/21/2025 9:52 AM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 4
So we're in the bread and circuses part of the American Dream?

Through tariffs and tax policies, shift another 5 trillion dollars from the poor and middle class to the oligarchs.

Then take a few billion and throw it at show trials for Democrats and RINOs, as well as a few gruesome, high profile deportations to keep the MAGA base unaware that they have been tossed out of a 10th story window.

Just the cost of doing business.
Print the post


Author: Dope1   😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/21/2025 11:39 AM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 1
And another guy who didn't get a pardon is one Peter Daszak.

Would love to see the administration squeeze Fauci as to what he knows about his gain of function work.
Print the post


Author: bighairymike   😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/21/2025 12:39 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 2
Would love to see the administration squeeze Fauci as to what he knows about his gain of function work. - Dope

--------------------

Just need Rand Paul to chair a congressional investigation and let him ask again every question that he asked Fauci before in various testimony where Fauci lied in giving his answer. Now with the pardon, if Fauci repeats his lies, he is committing new crimes of perjury which can be investigated and prosecuted. Advice to Fauci - tell the truth this time around.
Print the post


Author: Dope1   😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/21/2025 1:52 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 0
Just need Rand Paul to chair a congressional investigation and let him ask again every question that he asked Fauci before in various testimony where Fauci lied in giving his answer. Now with the pardon, if Fauci repeats his lies, he is committing new crimes of perjury which can be investigated and prosecuted. Advice to Fauci - tell the truth this time around.

100%. The nation deserves the truth. As slippery and egotistical as Fauci is - I've never met anyone who has a God complex as bad as he does - he'll likely just filibuster.
Print the post


Author: Lapsody 🐝  😊 😞
Number: of 3958 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/21/2025 2:15 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 8
As slippery and egotistical as Fauci is - I've never met anyone who has a God complex as bad as he does

Fauci - God complex? Bwa hahahahah. Trump has the God complex, not Fauci.
Print the post


Author: sano 🐝  😊 😞
Number: of 48466 
Subject: Re: Mayorkas didn't get a pardon
Date: 01/22/2025 8:48 PM
Post Reply | Report Post | Recommend It!
No. of Recommendations: 5

dopey: 100%. The nation deserves the truth.

Benghazi Benghazi Benghazi Benghazi !!!
Print the post


Post New
Unthreaded | Threaded | Whole Thread (23) |


Announcements
US Policy FAQ
Contact Shrewd'm
Contact the developer of these message boards.

Best Of Politics | Best Of | Favourites & Replies | All Boards | Followed Shrewds