Burt Likko

Pseudonymous Portlander. Pursuer of happiness. Bon vivant. Homebrewer. Atheist. Recovering Republican. Recovering Catholic. Recovering divorcé. Editor-in-Chief Emeritus of Ordinary Times. Relapsed Lawyer, admitted to practice law (under his real name) in California and Oregon. There's a Twitter account at @burtlikko, but not used for posting on the general feed anymore. House Likko's Words: Scite Verum. Colite Iusticia. Vivere Con Gaudium.

Related Post Roulette

30 Responses

  1. Jaybird says:

    Here’s Gabriel Malor breaking it down for us in a good thread:

    Report

    • Mike Schilling in reply to Jaybird says:

      You are number 6.

      Report

      • Jaybird in reply to Mike Schilling says:

        I’ve heard Gini Thomas.

        I can neither confirm nor deny, of course.Report

      • InMD in reply to Mike Schilling says:

        Not that Giuliani hasn’t already flushed himself and his reputation down the toilet over Trump, but if he ends up going to prison it is going to have to be one of the strangest and most epic falls from grace in modern US history. Imagine trying to explain where he is now to people 20 years ago.Report

      • Marchmaine in reply to Mike Schilling says:

        In our hearts, we’re all Number 6.

        I’d never bet on the outcome of our Judicial Process ™, so I won’t. Still think that Congress ought to have voted to Impeach in a continuous motion from certifying the election. Just on the simple grounds of inciting a riot and dereliction of duty once it was incited. 2-day affair while it was fresh. Simple exercise of Political Power by Congress. The constant temptation to turn everything into a courtroom drama run by lawyers is a mistake.Report

        • InMD in reply to Marchmaine says:

          The list of problems arising from Congress’ failure to exercise political power in a minimally responsible way gets a little longer every day.Report

          • Chip Daniels in reply to InMD says:

            Congress did exercise political power, voting to impeach Trump twice.

            Refresh my memory, what happened each time?Report

            • InMD in reply to Chip Daniels says:

              The first was as best as I can tell a complete waste of time and energy that served Trump more than anyone else. The second I agree, it’s a travesty that the Senate wouldn’t convict, and why there’s really no choice but to prosecute.Report

              • Chip Daniels in reply to InMD says:

                I could go on but I’ll cut to the chase.
                The “Senate” didn’t convict because Republicans Senators refused.

                When you say that “Congress” didn’t do its job, that’s not accurate.
                The Republicans in Congress, each and every time, close ranks in defense of Trump.

                The corrected version of your sentence is:

                The list of problems arising from Congress’ Republicans’ failure to exercise political power in a minimally responsible way gets a little longer every day.Report

              • InMD in reply to Chip Daniels says:

                Chip, I get (I guess) why you might do this to the conservatives on the site. But I vote D. I’m not sure what it advances to jump in that way on what was kind of a tongue in cheek comment playing off of March’s for no reason other than that it failed to expressly mention Republican culpability. It’s not like everyone here doesn’t know why it happened, or who was responsible, and it’s nice to have a little levity.Report

              • Chip Daniels in reply to InMD says:

                Because we see this constantly in the media, even by people who vote D.

                Where the attempted overthrow of American democracy is just some weird thing that happened and no one knows who is responsible, because well, the clowns in Congress did it again, the clowns.

                The indictment doesn’t just finger Trump, but virtually the entire leadership of the Republican party as unindicted co-conspirators, or enablers, all fueled by the massive majority of the Republican voting base.

                When you throw the cloak of diffusion over the problem by using the term “Congress” your statement becomes false, a lie which obscures the truth.

                The simple unvarnished truth is the way I phrased it.Report

              • InMD in reply to Chip Daniels says:

                Listen, my friend, if you want to wait until the day the GOP is vanquished and defeated forever to make jokes that’s your prerogative but as for me I’m trying to have a little fun before I die.Report

              • Philip H in reply to InMD says:

                Your “little” fun plays into the hands of those out in the real world who desperately want Trump reelected. It plays into the hands of those around here who don’t consider liberals “real Americans.” And it continues sloppy framing around government function which prevents actual progress on a myriad of good government changes we desperately need. Its like all the railing about the federal government doing “bad things, when the executive branch is doing what Congress told it to do. Which, as you may recall is a pet peeve of mine.

                So sure, you are entitled to have what you think is fun, but you aren’t entitled to be free of the consequences.Report

              • Marchmaine in reply to InMD says:

                Next time you vote D, please try to do so with better intent.Report

              • Jaybird in reply to Marchmaine says:

                Say what you will about Christianity, but there was usually a greybeard around that was able to say “yeah, that’s a heresy” when someone piped up with some Pelagianism.Report

              • Marchmaine in reply to Chip Daniels says:

                Mostly McConnell slow-walking via the ‘pro-forma’ position. But that’s partly the point, we know the mood among republicans was different on Jan 6 vs. Feb 13.

                There’s also scope creep where impeaching for a riot is ‘better’ than impeaching for a coup/conspiracy, which is better than attempting to use impeachment to discredit a party and then an entire voting block of the population.

                But, in the end, counterfactuals are counterfactuals.Report

              • “We need to make them convict now, before they can check the polls.”Report

              • Marchmaine in reply to Mike Schilling says:

                This, but less cynically. Taking the shot here would be about taking down Trump and not turning it in to a referendum on Republicans or MAGA voters.

                I will agree preemptively that the House moved with ‘relative’ speed and the article was to my mind reasonably narrowly framed. By the time McConnell had to formally take action in July 25 he clearly decided to postpone and triangulate. At which point, there was no containing the political narratives.Report

              • Marchmaine in reply to Marchmaine says:

                *Jan 25

                Darn it, I’m still writing Jan 6, 2021 on all my checks.Report

          • Marchmaine in reply to InMD says:

            Yes, the only answer is a Westminster system… then we’d just have the Unitary Executive/Legislature we obviously crave. Nothing could go wrong with that model.Report

  2. LeeEsq says:

    Six co-conspirators and what to do ya get? Another failed coup and deeper and derp. St. Peter don’t ya come an collect my soul, I sold my soul to the Qanon forum.Report

  3. DavidTC says:

    I’m glad they didn’t get bogged down in the incitement to violence stuff, something which Trump is absolutely guilty of but has such a high constitutional bar that it would be easy for any random conservative judge to remove.

    And seeing the actual conspiracy laid out at shocking, especially with the rotation that, against all odds, Antifa kind of saved the country… By very deliberately not showing up.

    The entire coup literally fell apart because the violence that the plotters wanted to happen didn’t happen because the left didn’t show up so the right couldn’t start things and blame the left

    And what a lot of people need to be asking themselves is… What other violence does the left get blamed for?Report

  4. Marchmaine says:

    “These claims were false, and the Defendant knew that they were false. In fact, the Defendant was notified repeatedly that his claims were untrue—often by the people on whom he relied for candid advice on important matters, and who were best positioned to know the facts—and he deliberately disregarded the truth. ”

    Ok, I breezed through the doc… here’s my ‘explain it to me like I’m five’ question for lawyers:

    The co-conspirators seem to have all told Trump that nothing was true, there wasn’t fraud; it would seem that to the extent that they persisted or made additional utterances contradicting what they told Trump they would definitely be guilty of defrauding (or whatever); I mean, seriously, the co-conspirators look dead to rights. Caught saying its a lie they then made public statements contrary to that. I get it… that seems very prosecutable.

    My question for a five-year-old is: do they have Trump making the same statements? It’s possible they do and I breezed over it… that and that alone would be the thing I’d put out there.

    Otherwise, what does it mean to ‘disregard the Truth’ when it comes from unreliable liars? Or, are we relying on the ‘common sense’ understanding that if all of his top advisors said it was fake, then Trump also knew it was fake — this is essentially what is represented in the indictment (as quoted at the top). If the latter and not the former… are we assuming that Trump won’t simply say something like: ‘I didn’t know what to think… my advisors are all liars — you’ve all seen Rudy lie in every possible way — *I* was being told that there was fraud by people then some people would say no fraud, then they’d say in public fraud, then other people would say….”

    This is, aren’t we all metaphysically certain that Trump will throw every single advisor as a lying liar under the bus while all he was trying to do was get to the truth? Just because someone told you x was false, if you believe x is true and, if x were indeed true it’s the legal path, where’s the conspiracy? The plain reading of the Top Quotation is that they are going to prove that Trump *knew* right? Not that Co-Conspirator X knew, but that Trump did.

    Don’t misread, I know Trump was lying and he knew he was lying… help me understand how you make a conspiracy charge stick when the Liar lies and says the co-conspirators were lying to him and he didn’t believe anything they said…? It would be Ironic, but would it be an actual defense play to agree that the Co-Conspirators were all liars whose advice couldn’t be trusted because of all the public lying? In which case, all the Co-Conspirators go to jail but the defendant is defended by a sort of ‘invincible ignorance’. Or is there some sort of ‘preponderance of reasonable assumptions’ standard that we can apply to a liar who’s willing to sacrifice all the other liars around him?

    It’s totally possible that I missed the ‘smoking gun’ in the haystack of Co-Conspirator 1, 2, 3, 4, 5, 6 all told him there was no fraud, and yet he persisted because (in a court of law) he can say he thought there was fraud — and it’s the requirement of the prosecution to prove his ‘state of mind’ in this regard? Or does it not matter at all?

    If it matters, then I’d be a little nervous as a prosecutor knowing that the Defendant will casually and convincingly state that everyone around him betrayed his trust and lied — and *they* should definitely go to jail if what the prosecution says is true. As I say, we all know he was lying, but what’s the evidentiary standard of proving a conspiracy if the defendant persists in claiming he was deceived?Report

    • InMD in reply to Marchmaine says:

      I didn’t read it and won’t have time to but what you’re describing is what we call a question of fact for the jury.Report

      • Marchmaine in reply to InMD says:

        Eeep… it doesn’t have to be unanimous does it?Report

        • InMD in reply to Marchmaine says:

          Federal juries have to be unanimous to convict. I’m not going to go all Rachel Maddow on you and call anything a slam dunk. It’s always possible that a jury will parse something and conclude for whatever reason the government didn’t prove its case beyond a reasonable doubt, not to mention whenever you’re dealing with weird facts (and these are basically unprecedented) you have a possibility of weird results.

          However, I also want to assure you that jurors don’t believe defendants own accounting of themselves, their motivations, or their beliefs all the time. Just because Trump claims to have believed something doesn’t obligate the finder of fact to just accept it. As you said, none of us think he’s credible and there’s no legal fiction jurors are bound to that requires them to conclude he is. Plenty of people are in jail despite believing in totally exculpatory theories of their own mental state.Report