In the last few months we’ve been reading about criminal indictments against former President Trump. It can be hard to keep up (unless you’re a news nerd like me). I thought this might be a good time to see if I can boil it all down and make things sensible to the average person. Let me know how I did. By the way I didn’t categorize this under the 2024 election chronicles because it has almost nothing to do with any of the other candidates.

Background: Donald Trump was elected President in 2016; he lost the popular vote but garnered more electors. This also happened in 2000 when George W. Bush beat Al Gore. Trump ran for re-election in 2020 and lost. He didn’t get enough electoral votes and current President Joe Biden won. Trump declined to acknowledge his defeat, and while he did leave the White House on January 21, 2021 he has claimed all along that the election was stolen from him. In the last few years we’ve witnessed several investigations of illegal activity around this and he’s been criminally charged four times in four different places. Since he is running for President in 2024 it’s gotten a little complicated.

New York On April 4, 2023 in New York Trump plead not guilty to 34 counts of falsifying business records from the 2016 campaign. Of all the charges this is the least worrisome to Trump. During the 2016 campaign an adult film actress whose stage name is “Stormy Daniels” claimed she had an affair with Trump. Since he was married to Melania then and she had just given birth to their son, Trump feared that news of this might hurt his campaign. At Trump’s direction his personal lawyer Michael Cohen paid her $130,000 on the promise that she would not disclose this to anyone. Cohen paid this out of his own pocket and Trump repaid him. But since the purpose of this payment was to avoid bad publicity for his campaign it was seen as an illegal campaign contribution. Trump attempted to portray the $130,000 as legal fees to his attorney but he and Cohen were unable to provide the paperwork to show what legal services Cohen provided to Trump for the $130,000. They falsified business records to hid the payment. Since the funds were drawn off of Trump’s Capital One checking account in New York, he was indicted in New York As I said, this is the least of Trump’s legal woes. These charges were brought by New York District Attorney Alvin Bragg and the trial is set for March 25, 2024.

Florida On July 27, 2023 the Southern District of Florida filed a 40 count indictment against former President Trump and others accusing him of illegally taking documents from the White House that belonged to the National Archives. Some of them were classified and were found in unsecured areas. When a President leaves the White House it’s a chaotic time because the White House staff has only a few hours to clean and prepare the White House for the new President and family. It can be difficult to determine what belongs to the President and what belongs to the National Archives. Because of the volume of paperwork involved it’s not hard to imagine that sometimes classified documents get misplaced. When this happened with President Biden his staff caught the mistake and returned the documents. But when Trump left the White House he directed that several boxes, some containing classified and highly sensitive information, be taken to his resort and residence in Mar-a-Lago. Since Mar-a-Lago is a public resort it’s impossible to know who had access to these materials; there was no attempt made to secure them. After Trump left the White House he was contacted by the National Archives because they believed he took boxes of documents that should have been sent to the Archives. In May and June of 2021 the National Archives made specific requests for documents. Trump claimed he didn’t have anything classified and as President he had the power to declassify anything. Over the next year the National Archives attempted several times to have Trump turn over documents; he lied, he instructed his employees to lie and he directed employees to move boxes from Mar-a-Lago, Florida to his golf course in New Jersey. Finally, on August 8, 2022 the FBI executed a search warrant to Mar-a-Lago and seized 102 classified documents. Trump and others were indicted on June 8, 2023. The trial is set for May 20, 2024.

Washington D.C. On August 1, 2023 Trump was indicted on four counts: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. These indictments focus on the events leading to the insurrection to storm the Capitol on January 6, 2021 to reverse the 2020 Presidential election and keep Trump in office. The Presidential election was held on November 3, 2020 and four days later Vice President Biden was commonly acknowledged as the winner. Trump insisted that he won the election and promised to reveal widespread fraud and cheating. Since most elections results are clear we have certain formalities that don’t normally get much attention. Each state counts the votes and declares a winner. The winning candidate then appoints electors and on December 14, 2020 electors met and awarded 303 votes to Biden and 235 to Trump. Those votes were then sent to the US Senate who was tasked to count the votes and certify the election on January 7, 2021. Almost from the beginning Trump and his allies began speaking with officials in several states that Biden won, arguing that there was fraud and the states had the right to choose electors themselves, regardless of the popular vote. When Trump learned that the Senate will meet on January 6th (with Vice President Pence in his role as presider of the Senate) to certify the election he began to pressure Pence to refuse to accept the electors and proclaim Trump the winner. Pence refused. He then directed his supporters to come to the Capitol on January 6th with the intention of preventing the Senate from accepting the electors and certify the election for Biden. The trial is set to begin on March 25, 2024.

Georgia This may be the indictment that Trump should fear the most. This also point to Trump’s attempts to overturn the 2020 election and there is some overlap from the Washington D.C. indictment. But here Trump was indicted with 18 others. On January 2, 2021 Trump made a conference call to Georgia’s Secretary of State Brad Raffensperger. Trump insisted he won Georgia’s popular vote and ordered Raffensperger to “find” 11,780 votes (he lost the state by 11,779 votes). He and his co conspirators targeted Ruby Freeman, an election worker in Fulton County, Georgia. They accused her of election crimes (handling a suitcase of false or stolen ballots); they then harassed and threatened her. Fearing for her life she left her home for a period of time. Additionally, Trump and some of his co conspirators attempted to file “false electors,” that is, electors that would vote for Trump. Their hope was that the US Senate would be given the false set. What makes this indictment different from the others is that this make use of RICO. RICO is an acronym for “Racketeer Influenced and Corrupt Organizations.” Legislation was written to give prosecutors broad ability go after criminal conspiracies. A conspiracy is when two or more people cooperate to commit a crime; as a funny aside, Rudy Giuliani made great use of this when he was a prosecutor in New York. This will allow one or several of Trump’s co conspirators to “flip” or testify against him for a reduced sentence. Nobody has, but his chances of everyone maintaining their silence are remote. That trial is set for March 4, 2024.

Still with me? This turned out to be much harder to write than I expected. I tried to be accurate and concise but I found that those terms are different points on the same continuum. The trial dates look close to each other and Trump is pushing to have them moved after the 2024 election. I see these dates are more as a starting point than fixed points. To the ability I can I’ll keep writing on this.

Over two years since he lost his reelection bid former President Trump continues to beat the drum that the election was stolen from him. Earlier this month he wrote on social media that the “fraud” allows for “the termination of all rules, regulations, and articles, even those found in the Constitution.” This is obviously not true but it got me thinking.

When the Constitution was ratified in 1789 it allowed for future amendments in Article V. There are two ways it can be done: A proposed amendment that is passed by a 2/3 majority of both houses of Congress and then ratified by the state legislators in 3/4 of the states becomes an amendment. This how it’s always been done.

But the authors of the Constitution also recognized that there may be a point where Congress refuses to act and they allowed for another method: Two thirds of the state legislatures can call for a Constitutional convention to consider amendments. This has never been done, but it is allowed.

So here’s the Constitutional question: if there is another Constitutional convention, can they only propose new amendments or can they scrap existing parts of the Constitution? There is a precedent for repealing amendments: the 18th amendment instituted prohibition (of alcohol) and the 20th amendment repealed it. But no part of the Constitution itself has ever been repealed.

Some Constitutional scholars believe that the convention can only deal with the amendments but others disagree. Those who disagree point out that the original Constitutional convention was meant only to amend the previous Articles of Confederation. But once the framers began to meet they understood that the Articles of Confederation needed to be scrapped and they needed to start over. If you’ve never heard of the Articles of Confederation (and most Americans haven’t) you can read about it here. They hold that this can happen again.

Now imagine the parts of the Constitution that you hold most dear: freedom of speech, the right to bear arms, etc. Is that what you really want? I imagine not. I also don’t think that’s what Mr. Trump wants, but he seems to think he can control every process. Fortunately he can’t.

Seriously, Mr. Trump: call me. Teaching you how our nation works won’t be easy but I’m willing to give it a try.

I write this a little over six weeks after Donald Trump left the White House. He left without acknowledging his defeat to President Joseph Biden or attending President Biden’s inauguration. Trump is determined to spend the rest of his life claiming he won the election and was cheated out of a 2nd term.

This past weekend he spoke at a conference for conservative Republicans (CPAC) and hinted that he would attempt to regain the White House in 2024.

I began the Trump Chronicles shortly after he won in 2016. His election horrified most of us and I determined to write a blog that called him to account. In those four years I wrote 153 blog posts that called out his his lies, his prejudices, and his determination to profit on the backs of all of us.

Simply put, I’m tired of writing about him. I don’t know his future but I pray that he will pay for his crimes against the American people. If his behavior places him in prison I will not rejoice but will instead feel relieved. I doubt I’ll write about him again.

I’m writing this in the midst of the Senate trial to decide the future of President Trump after his second impeachment.

Those of us who support his removal claim that he broke his Presidential oath of office where he promised this: “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” On January 6, 2021 we believe he betrayed his oath when he called on his supporters to storm the Capitol and prevent the Senate from accepting the American peoples’ decision to elect Joe Biden.

Trump’s defenders claim that he is not guilty, that he didn’t incite his followers, and he didn’t call for the overthrow of the 2020 election.

Now imagine if this had happened four years earlier. In November of 2016 President Obama was prepared to leave office after two terms. He (as well as many of us) believed that Hillary Clinton would defeat Donald Trump and were horrified to learn that while Hillary won the popular vote, Trump won the electoral vote and would be our next President.

So what if President Obama, in his last few weeks in office, claimed the election was stolen and called on his supporters to storm the Capitol on January 7, 2017 to prevent the Senate from certifying the 2016 election. It doesn’t matter if his intent was to remain in office or mandate that Hillary be installed as President.

Can we imagine that Republicans in Congress would have allowed this to happen without consequences? Assuming that President Obama’s attempt to overthrow the 2016 election failed (as did Trump’s attempt to overthrow the 2020 election), does anyone seriously believe that President Obama would have been given a pass because he was no longer in office?

Of course not. The Republican Party does not believe in fairness or justice. They believe that whatever they do is permissible because they are always right and fairness doesn’t matter.

They’re wrong. Rev. Martin Luther King once said that “The Arc of the Moral Universe is Long, But it Bends Toward Justice.” History will not be kind to Trump, but history will also not be kind to his supporters.

History will recognize that Trump’s supporters in the Senate cared little for justice or fairness and cared only for their desire for job security. They will be remembered as cowards.

I pray their cowardice will, ironically, cost them their jobs.

Four years ago I placed a marker for President Trump. I recorded several indications of how our nation was doing and suggested that we could compare how we did in the last four years.

Interestingly, President Trump did well in several of them. Looking at the stock market we’ve seen increases in the Dow Jones Industrial Average (19,732 to 30,930), the NASDAQ (5540 to 13,197), and Standard and Poors (2263 to 3748). Despite the volatility of employment over the last year, the unemployment average rose from 4.7% to 6.7%. And the number of Americans employed rose from 123,570,000 to 158,130,000.

On the other hand his approval rating has dropped from 38% to 34% (it never hit 50%). The federal deficit rose from $590 billion to $3.3 trillion while the federal debt rose from $20 trillion to $27 trillion. The percentage of Americans was 11% and I was not able to find the current percentage.

The failure of the Trump Administration was, in the end, not economic. Here are my thoughts on why his administration failed:

• He wasn’t able to keep several of his promises: His 2016 campaign centered on building a wall on the Mexican border (and have Mexico pay for it). While there has been some building, the wall he promised never happened and Mexico didn’t pay a penny (or peso). He promised to repeal the Affordable Care Act and replace it with something cheaper and better. He was unable to repeal it and never developed a better plan. He promised coal miners that he would “bring back coal” and that never happened. He promised to “win” a trade war with China that did nothing more than impoverish farmers who suffered from China’s retaliation to Trump’s tariffs on Chinese goods.
• Many Americans grew weary of his lies: He lied about things that were obvious. He claimed that more people attended his inauguration than did President Obama’s in 2012. He claimed that he would have won the popular vote in 2016 were it not for illegal votes. Whenever asked about white supremacists or organizations who supported him he claimed to know nothing about them (e.g. David Dukes or the Proud Boys). Lying is always dicey but having to explain to your children that it’s not OK to lie when the President does makes for difficult conversations
• Democratic voters were too complacent in 2016 and vowed not to make that mistake again: Many of us never expected that our nation would elect Donald Trump. We scorned him during the Republican primary and expressed surprise that he won the nomination and we never expected he would beat Hilary Clinton. Enough Democrats didn’t bother to vote, falsely thinking their votes weren’t needed. Chastened by that experience they made certain it wouldn’t happen again
• COVID-19: This probably made the most difference. President Trump made a point of ignoring the wisdom of his predecessors and that included a playbook for a possible viral infection. The Obama administration successfully battled Ebola in 2014 and learned a great deal about global pandemics. Their hope to pass their wisdom to treat the next pandemic fell on deaf ears and when COVID-19 showed up on our shores the Trump administration had no plan. He attempted to blame the Chinese (hoping this would solve it), insisted that it won’t last long, and argued that wearing face masks were not necessary. Meanwhile thousands of Americans fell ill, died, or grieved loved ones who died. President Trump’s decision to ignore COVID convinced many Americans that he was no longer trustworthy to lead our nation.

Since his defeat in November he has shown himself to be far from a gracious loser. Two weeks ago we saw him ignite an assault on the US Capitol.

We can only hope that Americans from future generations learn the lessons of history and never again elect someone who has such disregard for our nation.

Last Wednesday the House of Representatives voted 217-192 to impeach President Trump for the second time, and according to the Constitution it now moves to the Senate to convict. While it only takes a majority of the House to impeach it takes a 2/3 vote of the Senate to convict and remove him from office.

While Presidents Andrew Johnson, Bill Clinton, and Donald Trump were impeached, none of them were convicted and removed from office. This may change soon.

I hope so.

President Trump’s allies argue that he has only a few days left in office and there is no point in removing someone from an office that he no longer holds.

On its face it does make some sense, but I argue that he still needs to be removed.

President Trump continues to claim that he won the 2020 election and has been robbed of a second term. He and his allies claim that voter fraud, uncounted ballots, and various other conspiracy theories cheated him of his reelection. While he hasn’t conceded defeat he has claimed he will run again in 2024. A conviction will ensure this won’t happen as he will be barred from running from another office.

More importantly, a conviction will send the message that nobody, even the President, is above the law. Our Founding Fathers wrote volumes (not only in the Constitution but also in the Federalist Papers) that they didn’t choose to overthrow King George III only to replace him with a homegrown tyrant. It’s often said that the mark of a true democracy isn’t the inauguration of the the first President but the inauguration of our second President. In other words the peaceful transition of power from one President to another makes us a true nation of, by, and for the people.

Since this happened for the first time in 1800 (when George Washington passed the mantle to John Adams) it hasn’t always been easy and several times a current President has been forced to watch his successor take the oath of office when he lost his bid for reelection.

But for the most part the outgoing President has shown graciousness and a respect for our nation. President Trump ended this. Not only has he refused to accept the will of the voters he has demanded that others break the law to keep him in office.

I hope we’re all aware of his threat to the Georgia Secretary of State Brad Raffensperger (a Republican) that if he didn’t “find” 11,780 votes he would face criminal charges. Fortunately Mr. Raffensperger didn’t take his threat seriously.

But on January 7th it became much, much more serious. On that day Congress was set to meet to accept the electoral votes and certify that Joe Biden and Kamala Harris were properly elected as President and Vice President. We’re learning more about this each day but I think we can all agree that President Trump emboldened his supporters to march on the Capitol and, frankly, occupy it. Not only did they wish to stop the certification they intended to keep President Trump in office.

Four years ago the majority of us voted for Hillary Clinton to lead us. She won the popular vote but lost the electoral vote (much like President Bush in 2000). We were hurt, angry, and afraid but we accepted the results and prayed that President Trump would govern better than we feared.

He didn’t. By any standard he made us worse and I have no desire to list his failures. But nobody can argue that he was unprepared for COVID-19. He blamed China, he blamed the Democrats, he made fun of those who wore masks, and refused to listen to the smartest people in the room.

President Trump hoped to follow the fascist playbook: Find a way to power and declare that yourself president for life. He hoped to whip up the mob to prevent Congress from certifying the election. And then he planned to stay. He had no mechanism to have the vote certified for him. He also presented no evidence of voter fraud.

He wished to be Donald the First. Gratefully he didn’t succeed. Now we must ensure he can’t make another attempt.

We all knew that President Trump wouldn’t leave office easily or in a way that brings honor to our nation and traiditions. As a matter of fact I wrote about this last April.

In that post I feared that he would encourage his sycophants to surround the White House on January 20, 2021 to prevent his exit from the White House. I hadn’t thought Trump would encourage his minions to storm the U.S. Capitol on the day that they convened to accept the votes of the Electoral College.

It was a scary day and you can read a good timeline here. It began with a rally at the White House with President Trump telling the inciting the crowd to march to the Capitol. He promised to join them, but once the rally was over he returned to the White House.

We’ve seen the horrific scenes know that four people died and the Capitol was desecrated. The last time this happened was in 1814 and this was an invading force, not our own citizens.

The President’s actions are, simply put, sedition.

I doubt the President planned it, but he has taken no responsibility for it. After four years he still hasn’t learned that his words matter.

If there is a silver lining here, it’s this: we can pretty much ensure that President Trump won’t be able to call his people to action to surround the White House on January 20th.

It’s going to be a long 9 days.