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  1. #701
    Guest Member S Landreth's Avatar
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    Little more about Smith




    Special Counsel Tapped by Merrick Garland to Investigate Trump Formerly Prosecuted Top Democrats and Republicans

    Jack Smith, who was tapped on Friday as special prosecutor to probe the conduct of former President Donald Trump, has a history of prosecuting both Democrats and Republicans for the U.S. Department of Justice.

    Smith was head of the DOJ’s Public Integrity Section in Washington, D.C., for five years, according to a 2017 press release that contained a biographical sketch. That press release was issued when Smith, by then the acting U.S. Attorney for the Middle District of Tennessee, announced plans to step down in August 2017.

    The Tenneseean reported at the time that Smith, while in the D.C.-based corruption unit, “oversaw the corruption cases against former Virginia Gov. Bob McDonnell, former Arizona U.S. Rep. Rick Renzi and New York Assembly Speaker Sheldon Silver.” Additionally, while in Tennessee, Smith prosecuted former Nashville General Sessions Judge Cason “Casey” Moreland on obstruction of justice charges, the newspaper indicated.

    Silver, who died earlier this year, was a longtime New York Democrat who held considerable power over the Empire State’s political winds and financial coffers. Moreland is also a Democrat. Renzi and McDonnell are both Republicans.

    Moreland pleaded guilty, according to a DOJ press release from 2018. The McDonnell and Silver convictions were later overturned, the Tennessean noted.

    The press release announcing Smith’s departure from the Middle District of Tennessee listed him as a 16-year DOJ veteran who moved to Nashville, Tennessee, to serve as First Assistant U.S. Attorney in 2015. He became the Acting U.S. Attorney when David Rivera resigned in March 2017. Smith took over at that time, announced plans to leave in August 2017, and was planned to remain in office until early September 2017 when his replacement, Donald Q. Cochran, assumed office.

    “Though not looking to leave the Department of Justice, Smith said he had been offered an incredible opportunity and after much consideration, he had decided to leave the DOJ,” the press release said.

    “This was one of the most difficult professional decisions that I have ever been faced with,” Smith said at the time in a prepared statement. “I truly love representing the American people and seeking justice on their behalf. I will profoundly miss the close relationships I have developed with the exceptional public servants in our office, as well as the consummate professionals of our law enforcement community. While I am leaving the Department of Justice, I remain committed to our serving our community here in Nashville in other ways in the coming years.”

    An even earlier press release — which claims to have been updated in 2015 but which also appears to have been amended concomitant to Smith’s duties in the Middle District of Tennessee — provided more details about Smith’s background:

    Jack Smith was appointed First Assistant United States Attorney for the Middle District of Tennessee in February of 2015. Prior to his appointment, from 2010 to 2015 Mr. Smith served as Chief of the Public Integrity Section of the United States Department of Justice, supervising the litigation of complex public corruption cases across the country. From 2008 to 2010, Jack served as Investigation Coordinator in the Office of the Prosecutor at the International Criminal Court (ICC) in the Hague, Netherlands. In that capacity, he supervised sensitive investigations of foreign government officials and militia for war crimes, crimes against humanity, and genocide. Mr. Smith joined the ICC from the United States Attorney’s Office for the Eastern District of New York, where he served for 9 years in a number of supervisory positions, including Chief of Criminal Litigation and Deputy Chief of the Criminal Division. As Chief of Criminal Litigation, Mr. Smith supervised approximately 100 criminal prosecutors across a range of program areas, such as public corruption, violent crime and gangs, and white collar and complex financial fraud. Before becoming an Assistant United States Attorney, Mr. Smith served for five years as an Assistant District Attorney in the New York County District Attorney’s Office.

    Mr. Smith is the recipient of the Director’s Award from the Department of Justice, the Attorney General’s Award for Distinguished Service, the Federal Bar Association’s Younger Federal Attorney Award, the Eastern District Association’s Charles Rose Award and the Henry L. Stimson Medal by New York County Bar Association. Mr. Smith is a cum graduate of Harvard Law School and a summa cum laude graduate of the State University of New York at Oneonta.

    Another biography maintained by the Kosovo Specialist Chambers & Specialist Prosecutor’s Office, where Smith most recently worked, says he left the DOJ to work for as “Head of Litigation for the Hospital Corporation of America, the largest non-governmental health-care provider in the United States” in September 2017. From there, he took office as Specialist Prosecutor on Sept. 11, 2018.

    As Law&Crime previously reported on Friday, the special counsel investigation will be two-fold: Smith will determine (1) whether to charge Trump with offenses related to his handling of classified materials, and (2) whether Trump engaged in crimes surrounding his alleged efforts to disrupt the lawful transfer of power.

    According to Business Insider, Smith is “registered to vote as an independent.”
    Keep your friends close and your enemies closer.

  2. #702
    Thailand Expat David48atTD's Avatar
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    698,755 views Nov 20, 2022
    @Glenn Kirschner joins to discuss the appointment of a special counsel to investigate Trump, whether it means an indictment is more likely, and what it means if Trump hold true to his threats not to participate.

    Someone is sitting in the shade today because someone planted a tree a long time ago ...


  3. #703
    Guest Member S Landreth's Avatar
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    Edit: summary of the article below – trump is going to jail





    Two reports analyzing two different criminal investigations into Donald Trump have reached a singular conclusion: there is enough evidence to bring charges against the former president.

    Veteran prosecutors and top legal minds this week banded together to offer an assessment of two ongoing probes — one in Georgia examining Trump’s actions in the state leading up to Jan. 6, 2021, the other led by the Justice Department as it explores the mishandling of sensitive government documents at Mar-a-Lago.

    In each, the attorneys found robust cases and significant legal risk for Trump, who is facing mounting trouble as he launches an early bid in the 2024 presidential race.

    “Donald Trump is facing many more legal problems than just these two probes. But the Georgia investigation of whether his election denial slipped into criminality after the 2020 election and the federal investigation [into] whether his retention, classified, and other documents at Mar-a-Lago also crossed the criminal red line are the most threatening legal peril that he faces,” Norm Eisen, counsel for Democrats in Trump’s first impeachment and an author on both reports, told The Hill.

    “They represent a one-two punch that has the potential to finally achieve the accountability that he has so often evaded in the past … I think that run is about to end, and these are the two cases that are most likely to do it.”

    The nearly 500 pages of collective legal analysis finds a litany of state and federal crimes Trump may have committed, ranging from solicitation to commit election fraud, to state RICO Act violations, to the Espionage Act and obstruction of justice.

    “We conclude that Trump’s post-election conduct in Georgia leaves him at substantial risk of possible state charges predicated on multiple crimes,” a report from the Brookings Institution determined.

    And in a report from Just Security, former prosecutors found additional statutes the Justice Department could weigh using as it noted any failure to charge Trump for the mishandling of records would represent treating Trump far differently than others who have faced similar charges.

    “We determine there is strong precedent for the DOJ [Justice Department] to charge Trump. There are many felony cases that the DOJ pursued based on conduct that was significantly less egregious than the present set of facts in the Trump case,” they wrote. “In short, we conclude that if Trump were not charged, it would be a major deviation from how defendants are typically treated.”

    The group, which includes prosecutors that worked on the Mueller report, noted that Trump’s intransigence in returning the documents — failing to fully comply with an initial request for return and a later subpoena, add to the seriousness of the case.

    “Aggravating factors in Trump’s case include the length of time of his retention of government documents, the volume of government documents, the highly sensitive nature of the documents, the number of warnings he received, his obstructive conduct, and his involving other individuals in his scheme,” they wrote.

    Following a relatively quiet period for the Justice Department in the weeks ahead of the midterms, Attorney General Merrick Garland on Friday announced a major development in its probes, handing over two of its investigations to a special counsel.

    Longtime prosecutor Jack Smith will oversee both the Mar-a-Lago investigation and the portion of the Jan. 6 investigation focused at the highest levels into “whether any person or entity unlawfully interfered with the transfer of power,” Garland said.

    Smith’s appointment will have no bearing on Fulton County District Attorney Fani Willis’s probe.

    The investigations — as well as scrutiny of the Justice Department — are sure to pick up in the months ahead as Smith embarks on his work and the department faces key court dates.

    The Justice Department is engaged in a battle to recover more than 10,000 government documents still under the review of the special master assigned to Trump’s case. Oral arguments this Tuesday in the 11th Circuit could speed that process, if the appellate court sides with department in determining no third-party review of the documents is necessary and orders them returned to prosecutors.

    Also expected before the end of the year is a report from the House committee investigating the Jan. 6 attack on the Capitol, a document likely to include criminal referrals to the Justice Department in a move sure to increase pressure on the department to seriously consider some charges.

    The reports seek to assure prosecutors — whether that be Willis or those among the highest ranks at Justice Department — that they have a case.

    In Georgia, attorneys see a sweeping set of statutes Trump may have violated with behavior including a call to Secretary of State Brad Raffensperger asking him to “find” 11,780 votes.

    Beyond solicitation to commit election fraud, Trump may also have committed intentional interference with performance of election duties, while the campaign’s false elector scheme could engage a number of state statutes on the book dealing with fraud.

    In total, the report finds at least 11 charges that could be brought resulting from Trump’s efforts in Georgia.

    “Generally, in Georgia, a single set of facts may trigger criminal liability under multiple statutes based on the different elements of various crimes,” they write.

    In the Mar-a-Lago report, experts found three additional statutes that could be implicated beyond the three first listed in the government’s warrant.

    Two mainly deal with the resistance from Trump, including criminal contempt and lying to authorities.

    But they also raise a statute that deals with conversion of government property, which carries penalties of up to 10 years in prison.

    Prosecutors would need to demonstrate that the documents were property or a thing of value belonging to the government and that a defendant converted or retained the documents for their use.

    For his part, Trump has denied any wrongdoing even as he has repeatedly lashed out at the Justice Department and the FBI. He did so in his speech this week announcing his candidacy, saying, no threat “is greater than the weaponization from the system, the FBI or the DOJ.”

    The reports also walk through possible defenses from Trump — finding them largely wanting.

    The Mar-a-Lago report devotes over 20 pages to potential defenses from Trump, reading like a deep dive of many of the issues already presented by Justice Department in court. One by one, the report dismisses claims from Trump that he declassified the records — something his attorneys have failed to fully assert in court and which matters little for charges that involved taking “national defense information” regardless of its classification status. It also dismisses defenses based on Trump’s claims the records are either his personal property or protected by executive privilege or that the government in any way acted improperly during its search.

    “None of these potential defenses would provide a complete or effective defense,” the Just Security report concludes.

    In the Georgia report, the authors argue Trump enjoys no immunity for his conduct while president, and they also dismiss the concept that the former president can’t meet the intent element necessary for a successful prosecution because he genuinely believes that he had won the election.

    “If prosecutors can prove that he did know that he lost the election—that it was not ‘stolen’ from him—that would go a long way toward clearing that criminal-intent hurdle. … The January 6 Committee has amassed evidence that Trump knew he had lost. Numerous Trump aides and lawyers have attested to this before the committee,” the report states.

    “Even if, contrary to the overwhelming evidence, Trump genuinely believed that he had won, he still had no legal right to use forged electoral certificates, to pressure election officials in Georgia to ‘find 11,780 votes’ that did not exist, or to engage in other extralegal means to try to hold onto power.”

    Eisen said in both probes, prosecutors are dealing with “pretty clear cut cases.”

    “The theme that emerges from this is the power of the evidence,” he said. “Two sets of smoking gun on evidence, two sets of simple, very powerful legal cases. And one principle in common, and that is the principle that no one is above the law.”
    Last edited by S Landreth; 20-11-2022 at 07:50 PM.

  4. #704
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by S Landreth View Post
    trump is going to jail
    Nope. Wishful thinking bro.

  5. #705
    Guest Member S Landreth's Avatar
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    ^You might want to edit your post above.

  6. #706
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    Quote Originally Posted by Norton View Post
    Nope. Wishful thinking bro.
    Because Biden will pardon him for his federal crimes in sake of reuniting the country, after trump has been convicted.

  7. #707
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    Quote Originally Posted by Topper View Post
    Because Biden will pardon him for his federal crimes in sake of reuniting the country, after trump has been convicted.
    He would be dumped quicker than last night's vindaloo if he did that

  8. #708
    Guest Member S Landreth's Avatar
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    Quote Originally Posted by Topper View Post
    Biden will pardon him for his federal crimes in sake of reuniting the country, after trump has been convicted.
    That move would bring the country together

    ___________




    Former acting Solicitor General Neal Katyal said he expects former President Trump to be indicted by a special counsel appointed by the Department of Justice (DOJ) to oversee two federal investigations.

    Katyal, who served in the Obama administration, told MSNBC’s “Morning Joe” that the DOJ investigation into Trump’s handling of classified material at Mar-a-Lago is an “open and shut” case.

    “There’s no doubt in my mind that if I did this, or you did this, we’d be in jail right now,” Katyal said. “We certainly wouldn’t get a special master or a special counsel or the like. It would be a very easy case.”

    “It’s just the identity of the person, Donald Trump, that makes it different,” he added. “But at the end of the day, I expect Trump will be indicted by this special counsel.”

    Attorney General Merrick Garland last week appointed the special counsel to oversee the Mar-a-Lago case and an investigation into whether any person or entity interfered with the peaceful transfer of power during the Jan. 6, 2021, attack on the U.S. Capitol.

    The special counsel is headed by Jack Smith, a longtime prosecutor who formerly served with the International Court of Justice to investigate war crimes.

    Katyal said the more solid case is the Mar-a-Lago investigation, in which Trump is under investigation for taking thousands of documents from the White House, some of which were classified and could have held information about a foreign nation’s nuclear capabilities.

    Trump has decried the investigation, calling it a political witch hunt and saying in a Fox News interview last week that he would not “partake in this.”

    The last special counsel to investigate Trump was headed by Robert Mueller, who was appointed to determine if the Trump campaign team colluded with Russia to influence the results of the 2016 election.

    While Mueller’s probe led to several charges against Trump officials, it did not find any evidence of collusion and did not charge Trump himself.

    Katyal said the Mar-a-Lago case is different than the Mueller probe, noting the DOJ has already substantially investigated the case before it was turned over to the special counsel.

    “The fact that [high-level indictments] didn’t happen in Mueller doesn’t to me say anything about what would happen here,” he said. “They are very different animals.”
    Last edited by S Landreth; 22-11-2022 at 03:42 AM.

  9. #709
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by Topper View Post
    Because Biden will pardon him for his federal crimes in sake of reuniting the country, after trump has been convicted.
    Might. Ford pardoning the Tricky Dick comes to mind but more likely Trump will die of old age in Maralago after years of appeals.

  10. #710
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    Quote Originally Posted by Norton View Post
    Might. Ford pardoning the Tricky Dick comes to mind but more likely Trump will die of old age in Maralago after years of appeals.
    A slight difference in that Nixon admitted the charges against him.

    We can only hope that Trump serves time in prison before he dies, awaiting the results of frivolous appeals!

  11. #711
    Guest Member S Landreth's Avatar
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    Biden is not the type of person to forgive the types of crimes trump committed.

    Trump will spend some time in jail by the time the DOJ finishes with him.

    ___________




    Prosecutors in the Trump Organization’s criminal tax fraud trial rested their case Monday earlier than expected, pinning hopes for convicting Donald Trump’s company largely on the word of two top executives who cut deals before testifying they schemed to avoid taxes on company-paid perks.

    Allen Weisselberg, the company’s longtime finance chief, and Jeffrey McConney, a senior vice president and controller, testified for the bulk of the prosecution’s eight-day case, bringing the drama of their own admitted wrongdoing to a trial heavy on numbers, spreadsheets, tax returns and payroll records.

    Weisselberg, who pleaded guilty in August to dodging taxes on $1.7 million in extras, was required to testify as a prosecution witness as part of a plea deal in exchange for a promised sentence of five months in jail. McConney was granted immunity to testify.

    The Trump Organization’s lawyers are expected to start calling witnesses Monday afternoon, likely beginning with an accountant who handled years of tax returns and other financial matters for Trump, the Trump Organization and hundreds of Trump entities.

    Prosecutors had considered calling the accountant, Mazars USA LLP partner Donald Bender, but decided not to. The defense indicated it would call him instead.

    Prosecutors called just three other witnesses: the Trump Organization’s accounts payable supervisor, a forensic accountant for the Manhattan district attorney’s office, and a state tax auditor, on the witness stand Monday, who investigated Weisselberg’s taxes.

    Weisselberg, now a senior adviser at the company, testified last week that he conspired with McConney, his subordinate, to hide more than a decade’s worth of extras from his taxable income, but that neither Trump nor the family were involved.

    McConney testified that Weisselberg and another executive, Michael Calamari Sr., leaned on him over the years to fudge payroll records to hide extras such as Manhattan apartments and Mercedes-Benz cars from their taxable income, in part by reducing their salaries by the cost of those perks and issuing falsified W-2 forms.

    Manhattan prosecutors allege that the Trump Organization helped top executives avoid paying taxes on company-paid perks and that it is liable for Weisselberg’s wrongdoing because he was a “high managerial agent” acting on its behalf.

    The tax fraud case is the only trial to arise from the Manhattan district attorney’s three-year investigation of Trump and his business practices. If convicted, the company could be fined more than $1 million and face difficulty making deals.

    Trump blamed Bender and Mazars for the company’s troubles, writing on his Truth Social platform last week: “The highly paid accounting firm should have routinely picked these things up – we relied on them. VERY UNFAIR!”

    Mazars cut ties with Trump in February and said annual financial statements it prepared for him “should no longer be relied upon” after New York Attorney General Letitia James said they regularly misstated the value of assets.

    James filed a lawsuit in September accusing Trump and his company of padding his net worth by billions of dollars and habitually misleading banks and others about the value of assets such as golf courses, hotels and his Mar-a-Lago estate.

    Trump’s financial statements are not a part of the criminal case.

  12. #712
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by Switch View Post
    We can only hope that Trump serves time in prison before he dies, awaiting the results of frivolous appeals!
    It is my hope as well. We will see. Income tax evasion might be his downfall. That's what finally got Capone.

  13. #713
    Thailand Expat helge's Avatar
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    Quote Originally Posted by Switch View Post
    A slight difference in that Nixon admitted the charges against him.
    Did he ?

    I'm not sure that he ever admitted to anything but "mistakes".

    And then Ford pardoned him for everything.

    Everything !

  14. #714
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    Quote Originally Posted by Norton View Post
    Income tax evasion might be his downfall. That's what finally got Capone.
    Syphilis did, Norton





    An american ex-president will never go to jail. Period


    (I would love to be wrong though )
    Last edited by helge; 22-11-2022 at 09:18 PM.

  15. #715
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    Quote Originally Posted by Switch View Post
    A slight difference in that Nixon admitted the charges against him.
    He was never impeached, charged or convicted.

    He resigned because he was told that would happen.

    Then Ford pardoned him.

  16. #716
    Guest Member S Landreth's Avatar
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    Quote Originally Posted by helge View Post
    An american ex-president will never go to jail. Period
    trump is not special (see below)

    __________




    The Supreme Court on Tuesday rejected a bid by former President Donald Trump to prevent Congress from obtaining his federal income tax returns and those of related business entities from the IRS.

    The decision sets the stage for the Democrat-controlled House Ways and Means Committee to obtain Trump’s tax returns in the weeks before Republicans take majority control of the House.

    GOP lawmakers have vowed to end the committee’s quest to obtain the records and a related probe into how the Internal Revenue Service audits the tax returns of sitting presidents.

    The order Tuesday by the Supreme Court, which noted no dissent from any justice, comes more than three months after a three-judge panel of the federal appeals court in Washington, D.C., ruled that the Ways and Means Committee had the right to obtain Trump’s tax returns.

    The entire appeals court on Oct. 27 denied Trump’s request to have the full lineup of the judges on that court rehear his appeal.

    Trump then asked the Supreme Court on Oct. 31 to block the committee from obtaining his tax returns.

    In that filing, Trump’s lawyers wrote, “This case raises important questions about the separation of powers that will affect every future President.”

    The brief response Tuesday from the Supreme Court rejected Trump’s request to stay the lower court rulings that had cleared the way for the committee to get his returns.

    The Ways and Means Committee in April 2019 first asked the Treasury Department for the federal income tax returns of Trump and of the Donald J. Trump Revocable Trust, along with those of seven limited liability companies connected to the ex-president, one of which does business as Trump National Golf Club in Bedminster, New Jersey. Trump was president at the time of that request.

    Federal law mandates that the Treasury Department and IRS deliver income tax returns when Ways and Means, or two other congressional committees that have oversight over tax issues, request them.

    But then-Treasury Secretary Steven Mnuchin, who was appointed by Trump, refused to comply with the request for his tax returns, saying that the committee lacked a legitimate legislative purpose.

    The committee then sued to force Treasury to turn over the returns.

    After President Joe Biden, a Democrat, defeated Trump in the 2020 election, committee Chairman Rep. Richard Neal, D-Mass., renewed his request for the tax returns, with added detail about the reasons the panel wanted them. Neal said that the committee, in addition to reviewing how tax laws apply to presidents, also would review potential conflicts of interest by a president.

    The Treasury Department in mid-2021 said it would release the returns, citing an opinion by the department’s lawyers. They found that Neal’s request was valid, and that Treasury had a legal obligation to comply.

    Trump then countersued to block the returns from being turned over, arguing that the request both violated the constitutional separation of powers between the executive and legislative branches of government and that the request did not have a legitimate purpose.

    On Dec. 14, Washington federal court Judge Trevor McFadden ruled against Trump, saying the committee had a right to the returns.

    “A long line of Supreme Court cases requires great deference two facially valid congressional inquiries. Even the special solicitude accorded former presidents does not alter the outcome,” McFadden wrote.

    “The committee need only state a valid legislative purpose,” McFadden wrote. “It has done so.”
    Last edited by S Landreth; 23-11-2022 at 04:01 AM.

  17. #717
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    Quote Originally Posted by S Landreth View Post
    trump is not special (see below)
    We'll see . . .the US is like a tinpot 3rd world country in this regard

  18. #718
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    Quote Originally Posted by harrybarracuda View Post
    He was never impeached, charged or convicted.

    He resigned because he was told that would happen.

    Then Ford pardoned him.
    yes, exactly the opposite of what Trump is trying to do. Nixon went quietly when it was obvious he’d been caught with his hand in the cookie jar.

  19. #719
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    Quote Originally Posted by Switch View Post
    yes, exactly the opposite of what Trump is trying to do. Nixon went quietly when it was obvious he’d been caught with his hand in the cookie jar.

    Not what you posted up above



    Quote Originally Posted by Switch View Post
    A slight difference in that Nixon admitted the charges against him.
    He didn't

    Nixon continued to proclaim his innocence until his death in 1994.

    And Trump will do the same btw

  20. #720
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    Quote Originally Posted by helge View Post
    Syphilis did, Norton
    Quote Originally Posted by helge View Post
    Nixon continued to proclaim his innocence until his death in 1994.

    And Trump will do the same btw
    Trump dying of Syphilis would certainly go viral in the cyber world.

  21. #721
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    Biden could refuse to pardon him and suggest voters could make the decision by picking a president who wants to forgive someone who tried to subvert democracy.

    Would keep everyone happy, and I'm not sure there are enough trumpanzees left.

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    Quote Originally Posted by helge View Post

    Not what you posted up above





    He didn't




    And Trump will do the same btw
    Kindly refrain from pedantry, and the attempts at playing devils advocate. You not very good at either.

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    Quote Originally Posted by Norton View Post
    Trump dying of Syphilis would certainly go viral in the cyber world.
    . . . and be greeted with howls of laughter by hundreds of millions and waves of glee from Melania . . . the 47th presidential candidate

  24. #724
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    Quote Originally Posted by Switch View Post
    Kindly refrain from pedantry, and the attempts at playing devils advocate. You not very good at either.
    Nothing to do with devil's advocate or pedantry.


    You posted some half studied opinion, and can't admit that your "analysis" fell flat.


    I am only testing if your love of the truth only applies in case that Cyrille is involved.

    Seems so


    Should I stalk you around the board untill you admit to your sacrilege ?

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    Quote Originally Posted by helge View Post
    Nothing to do with devil's advocate or pedantry.


    You posted some half studied opinion, and can't admit that your "analysis" fell flat.


    I am only testing if your love of the truth only applies in case that Cyrille is involved.

    Seems so


    Should I stalk you around the board untill you admit to your sacrilege ?
    You might not like it, but its still pedantry. I am not required to explain anything to anyone who deliberately chooses to misunderstand a point. Stop pretending to be stupid for effect.

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