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Culture War Roundup for the week of May 27, 2024

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Breaking news. It looks like the jury convicted Donald Trump in the "hush money" case.

This verdict will likely galvanize voters come November – leading to record turnout among Republicans. I might even vote for the old rascal myself as I view this lawfare as both morally wrong and deeply destabilizing.

To make a prediction closer to home, we're now certain to cross 1000 posts on the weekly thread.

I view this lawfare as both morally wrong and deeply destabilizing.

Why is this lawfare? And why is it wrong? I can see both sides of the issue but want to make sure I'm not missing something.

Camp: this is terrible

This is a tragedy for justice. Trump did stuff that, sure it was technically illegal, but it took prosecutors like 5 years to charge him for this. The fact that it took so long is sus. The fact that it's during an election year is sus. Also, there are tons of people committing actual horrific felonies in NY that aren't being prosecuted. Additionally, it really seems like the prosecutor had to squint to find something to bust him with. This seems very politically motivated and like it sets a terrible precedent. It simply shows that you can prosecute any business leader for something if they infuriate the establishment enough. Additionally, you can't really read too much into this. He was charged and convicted in NY, a place that's full-on Trump Derangement Syndrome. He probably would've been sentenced to death for a parking ticket if the court allowed it. America is in danger.

for contrast

Camp: this is fine

This is a victory for justice. Even former Presidents are not above the law. He did a crime and he was convicted of it. He very much had a guilty mind, surrounding generally bad behavior, and did bad things while campaigning to be a leader of the country, one of the most important positions in the world. In the process of these morally bad acts he crossed a legal line and he's being called to account for it. Sure, it took a long time and sure it might have some twinge of political motivation to the timing, and this is a crime few people can really relate to, but you also want leaders held to a high standard and you also want them to be accountable. Juries may hate Trump but it's just implausible to expect even 12 New Yorkers to find him guilty of something just because they hate him. America has demonstrated its commitment to rule of law and we should celebrate.

Consider also in Camp: this is terrible:

Trump did not do anything that was technically illegal. There is nothing illegal about paying someone to sign an NDA. A former chairman of the FEC is on the record as saying this expenditure does not count as a campaign expenditure. Smith also commented:

Suppose Trump had used campaign funds to pay off these women. Does anyone much doubt that many of the same people now after Trump for using corporate funds, and not reporting them as campaign expenditures, would then be claiming that Trump had illegally diverted campaign funds to “personal use”? Or that federal prosecutors would not have sought a guilty plea from Cohen on that count?

There is, at the least, reasonable doubt that this action was illegal, and the standard for convicting someone of a felony is beyond a reasonable doubt.

But the FEC did find AMI paying McDougal (the other woman alleged to have an affair with Trump) off was a campaign finance violation. So i am not sure how much we should Smith's words count here. Note this was even with the FEC committee being split 50-50 Republican and Democrat.

"The FEC ruling states that the Enquirer's publisher, American Media Inc, "knowingly and wilfully" violated election laws by paying for the rights to Ms McDougal's story and never publishing it in a practice known as "catch and kill"."

So the FEC itself does seem to feel that paying off alleged affair partners does itself count as a campaign expenditure.

Do you think a presidential candidate could use campaign funds to do it? Again at best the law is murky which seriously calls into question that there was an intent to violate the law AND would call into question whether it was void for vagueness.