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Culture War Roundup for the week of April 3, 2023

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Since my post last week for which I was explicitly not warned at that time, I thought I would address the particulars of the criticism, mainly that,

your substantive position (that the primary impetus for targeting Trump is purely political, as evidenced by the ceaseless barrage of unusual, contorted, or even spurious charges raised against him) seems defensible, but the way you raise it as though it were obviously true (implicitly building consensus), without furnishing either evidence or argument, brooks no discussion on the matter. That is antithetical to the foundation of the Motte.

First, there is nothing stopping anyone from disagreeing, but I figure I should present and defend my thesis.

Donald Trump is guilty of winning the 2016 election, and for this crime he will be hounded by Democrats until the end of his days. The crime of winning in 2016 was the rationale for the Russia collusion hoax, it prompted the Mueller investigation (which produced nothing actionable), it was the reason for his first impeachment (not the appropriate anti-corruption measures he was taking against his likely 2020 opposition), and it is the reason he was indicted last week.

Plenty of people commit plenty of crimes, and I'm sure Trump is technically guilty of many things, but the same can be said of Obama, Bush, and Clinton, as well as she-Clinton and VP Biden, though not themselves Presidents. The same can be said of many, many people at all levels of the legislative and executive branches. Presidents are not prosecuted, and for good reason, until now, so the difference cannot be the scale of the crime, but must be some other factor. The obvious and clear factor, judging on the last seven years of evidence, is that Trump is unduly and irrationally hated by the powers that be, and that he is specifically marked for destruction in a way most others are shielded.

From Victor Davis Hansen:

#1) Bragg promised in advance that he would try to find a way to indict Trump. His prior boasts are reminiscent of Stalin’s secret police enforcer Lavrentiy Beria’s quip, “Show me the man and I’ll show you the crime.” Nancy Pelosi gave the game away, when in her dotage, she muttered that Trump had a right to prove his innocence as if he is presumed guilty.

#2) No former president has ever been indicted—and for good reason. Such prosecutions would be viewed as persecutions and render all former presidents veritable targets of every publicity-hungry and politically hostile local, state, or federal prosecutor. They would reduce the presidency to Third World norms. Gratuitously prosecuting former presidents would become a political tool to harm the opposing political party or to tarnish the legacy of a former president.

VDH goes on to list six problems with this prosecution, before 20 examples of crimes that have gone unprosecuted, from the people I've mentioned as well as various spooks and spies.

If we look at the indictment itself, and the person responsible for it, Alvin Bragg, you see more evidence of my thesis.

Here's the kind of thing he chooses to prosecute:

A Manhattan parking garage attendant who was shot twice while confronting an alleged thief at his business was charged with murder after wrestling away the weapon and using it to fire at the suspect.

This is the kind of anarcho-tyranny that one would expect when you view the world through a comprehensive lens that allows for understand my claim. That Alvin Bragg doesn't give a shit about the law, he's just there to settle scores and punish those he can find. The law is powerless to help, but boy can they punish when they get around to it. Alvin Bragg, for what's it worth, is another Soros-funded prosecutor. Soros at least gets his money's worth, as every single DA I've ever seen associated with him and his money is using their discretion is release violent criminals and prosecute normal citizens. The man has a type.

Everything about this perfectly fits the model that I've developed over the last seven years for understand what happens to people when confronted with Donald Trump. Trump engenders hatred and revulsion unmatched by anyone in my lifetime, the source of that hatred is his 2016 election win, and that people like Bragg can't help themselves but act on it.

Maybe one day events will not fit this model, but today is not that day.

For those of you who don't share this model, or don't share this view, how can you explain the lack of prosecutions of other executive branch employees in the past? How can you explain the two impeachments and long-lingering investigation? How can you explain the one-sided coverage by once-respectable media outlets? How can you explain anything that's happened since 2016? I didn't use to rely on this explanation, but after a certain amount of time, it becomes the simplest explanation, and I have stopped fighting it.

I’ll agree to a point. I think these are absolutely crimes, however, I don’t believe that anyone else of his social status would have been prosecuted on them. And I think a lot of it is that he doesn’t really fit the culture of the Washington Elites. He’s a Clampett, more or less. He’s the guy who talks in braggadocio, eats steak with ketchup, and does political theater in burlesque. He’s a White Trash President. He’s supposed to be understated, nuanced, culturally sophisticated, prefer Professional Managerial Class food, clothes, music, and entertainment. He’s not supposed to mock political opponents on Twitter like a 4chan troll, he’s not supposed to openly kill our enemies with drone strikes (although a plausibly deniable death carried out by the CIA that nobody knows about is fine, there are rules to kanly).

Had Trump had the demeanor of Desantis, I don’t think they’d have lost their minds, they’d have opposed him, but it would not have been as much of an open scorched earth warfare as it is with Trump. Desantis would have to deal with more quiet opposition, more subtle, and more fitting of another PMC cultured politician. He wouldn’t be investigated with a breathless “is this long nightmare finally over?”

I don’t think anyone else at all, trumps social status or not, would be prosecuted for failure to properly record invoicing a hooker. If it made it into court at all it would have been in the context of divorce proceedings.

I think someone who claimed a hooker payoff as a business expense on their taxes would be prosecuted for tax fraud if they had powerful enemies, which Trump does. But that would be a federal charge, and Merrick Garland is playing his cards close to his chest.

This particular indictment is driven by Bragg's ego and desire to advance in NY lefty politics, not by a desire to convict Trump. Hence the weak charges - Trump is guilty of a lot more serious crimes than misrecording the Stormy Daniels hush money, but nothing that is both media-friendly and chargeable in New York state court.

I suspect the federal indictments will be less bullshit and will include serious crimes of which Trump is actually guilty.

I think someone who claimed a hooker payoff as a business expense on their taxes would be prosecuted for tax fraud

Interestingly, in the indictment, it says that they plus-up'ed the payment to Cohen in order to cover the additional taxes he'd have to pay on the "income". So, like, weirdly, taxes were paid, probably more than would have been otherwise (he ended up paying $420k for what I guess he could have directly paid for like $130k). And the indictment actually doesn't allege tax fraud stemming from the allegedly fraudulent business records.

When reading the indictment, I couldn't help but think about how dumb/incompetent the whole thing seemed to be. Like, it mentioned how Trump was trying to delay payment until after the election, because then he could just renege on the promise to pay at that point, thinking it wouldn't matter. Honestly, unless there's some other game being played that I'm not aware of (and which is not pointed out in the indictment), almost the only thing I can think of is that he was planning on stiffing Cohen after the election if he had lost. Which is pretty dumb/incompetent. On the one hand, I guess he was purchasing a possible option on saving a couple hundred thousand dollars... and I guess this could have been considered a pretty 'cheap' option, given how strained you have to read the law to try to work your way up to felony charges out of the matter. On the other hand, maybe he just misevaluated where the biggest cost threat was, thinking short term about the primary concern being the election itself rather than any threat of prosecution by overzealous prosecutors with "novel" theories who are so blinkered by Trump-has-to-pay-ism.

Trump didn’t claim a hooker payoff as a business expense though, he’s being prosecuted for claiming it’s a personal expense. I have a hard time seeing anyone getting charged for that.

But that would be a federal charge,

Surely his company also pays state taxes.

If only there were some way to know what sort of taxes he paid!

I was responding specifically to the OP's claim; the reports I have seen have referenced business records, which might be something other than taxes.

I am not convinced that "legal expenses" is technically a false statement. How should he record payments to people when they sign NDAs?

We of course don't know yet precisely what the allegations are, but this does not strike me as particularly convincing. I would think that "legal expenses" are expenses paid for legal services. Why should payment pursuant to an NDA be a "legal expense" if payment pursuant to other contracts are not? Note that I am not arguing that Trump is or is not guilty, nor that the prosecution is or is not legitimate.

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