Twice-impeached former-President Donald Trump is drowning in litigation.\u00a0\u00a0He is the target of (at least) four criminal investigations. The\u00a0Manhattan District Attorney\u2019s probe of hush money payments is the one we\u2019re hearing the most about right now. But it’s probably the least of his problems.\u00a0\u00a0The Georgia election fraud investigation, including Trump\u2019s call to Brad Raffensperger, risks more serious charges.\u00a0\u00a0<\/p>\n\n\n\n
But, it\u2019s in the two Federal investigations Trump faces that risk the greatest danger, both to his freedom, and his political career.\u00a0\u00a0With the testimony of his attorney, the classified documents case is now \u201cblooming\u201d into an obstruction of justice investigation.\u00a0\u00a0But the most dangerous case of all, is the Federal investigation into Trump\u2019s role in the January 6th<\/sup>\u00a0Insurrection.\u00a0\u00a0At worst for him, that case could result in conspiracy to commit insurrection, potentially a twenty-year jail sentence.<\/p>\n\n\n\n Progressive commentators have been \u201cbad-mouthing\u201d the Federal Insurrection investigation for years.\u00a0\u00a0When the January 6th<\/sup>\u00a0Committee was holding hearings last summer, it seemed that their testimony was all \u201cnew-news\u201d to the Department of Justice.\u00a0\u00a0The typical \u201cbottom-up\u201d organized crime investigation of the FBI goes on after more than two years. It didn’t made the \u201cjump\u201d from the rioters on the steps to the organizers in suits and ties (or three shirts and khakis).\u00a0<\/p>\n\n\n\n But last Friday that changed. <\/p>\n\n\n\n The Federal Court ordered several of Trump\u2019s closest staff members to testify to the Insurrection Grand Jury.\u00a0\u00a0It\u2019s a roll call of the former President\u2019s closest advisors. It includes his Deputy Secretary of Homeland Security Ken Cuccinelli, White House aides Nick Luna, and John McIntee, National Security Advisor Robert O\u2019Brien and Director of National Intelligence John Ratcliffe.<\/p>\n\n\n\n Also required to testify are three even closer to the former President: advisors Stephen Miller and Dan Scavino (who controlled the President\u2019s Twitter feed), and, at the true center of the storm, Chief of Staff Mark Meadows.<\/p>\n\n\n\n All of these former officials claimed exemption from testifying based on \u201cExecutive Privilege\u201d.\u00a0\u00a0\u00a0They believe their advice, conversations and actions were protected from inquiry by\u00a0 the Presidential confidentiality to conduct business.\u00a0\u00a0But the Court saw it differently.\u00a0\u00a0Much as the attorney\/client privilege of confidentiality can be \u201cpierced\u201d by the crime\/fraud exception when both are engaged in criminal activity; the Court found that the possibility of a criminal conspiracy among those officials requires their testimony.<\/p>\n\n\n\n The man closest to the President in the days leading up to January 6th<\/sup> was Mark Meadows. The testimony of his assistant, Cassidy Hutchinson, to the January 6th<\/sup> Committee was devastating to both Meadows and Trump. But only Meadows can speak first-hand to what Trump knew and didn\u2019t know; did and didn\u2019t do; and wanted or didn\u2019t want. <\/p>\n\n\n\n Meadows is the \u201ctop of the pyramid\u201d of the potential conspiracy to disrupt the government.\u00a0\u00a0He can speak to what happened and who did it,\u00a0now that the veil of silence imposed by executive privilege has been pulled aside.\u00a0\u00a0Meadows has two choices.\u00a0\u00a0He can testify, or he can remain silence and face imprisonment.\u00a0\u00a0Of course, the Fifth Amendment right against self-incrimination is still avaliable.\u00a0\u00a0And that becomes the major decision for Special Federal Prosecutor Jack Smith.<\/p>\n\n\n\n If Smith is \u201csatisfied\u201d with letting Meadows \u201ctake the fall\u201d for planning the January 6th Insurrection, he didn’t need to pierce executive privilege, and he doesn’t need to offer Meadows immunity.\u00a0\u00a0The testimony of the junior staffers like Hutchinson would be enough.\u00a0 But\u00a0clearly, the Prosecutor is not satisfied.\u00a0\u00a0<\/p>\n\n\n\n Meadows has been on the verge of full cooperation for several months.\u00a0\u00a0He even sent many of his communications; emails and texts, to the Committee. It lead to riveting testimony last spring and summer.\u00a0\u00a0But Meadows pulled away when it came time for direct testimony, an act correlated to a million dollar donation from Trump sources.\u00a0\u00a0Now, with executive privilege gone, Meadows can only fall on his sword for Trump, testify, or take the Fifth.<\/p>\n\n\n\n And Smith can offer some form of immunity, removing the Fifth Amendment from the equation; leaving Meadows with the choice of testimony or jail.\u00a0\u00a0\u00a0Likely,\u00a0\u00a0that will make Meadows crack.<\/p>\n\n\n\n In the Watergate crisis, the actual crimes took place in June of 1972.\u00a0\u00a0It wasn\u2019t until the spring and summer of 1973 and the Senate Watergate hearings that Deputy Assistant Alexander Butterfield revealed that President Nixon was taping all of the White House conversations. The proof was on tape, if Prosecutors could get their hands on them.\u00a0\u00a0\u00a0<\/p>\n\n\n\nPierce the Veil<\/h3>\n\n\n\n
Top of the Pyramid<\/h3>\n\n\n\n
Watergate<\/h3>\n\n\n\n