08.10.2016 07:12 AM

The indictment of Donald Trump

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW YORK

Criminal Action No. 8:10-cr-00090-JWK

UNITED STATES OF AMERICA, Plaintiff,

v.

DONALD J. TRUMP, Defendant.

INDICTMENT
The Grand Jury for the District of New York charges that:

COUNT ONE
18 U.S.C. § 879 : US Code – Section 879: Threats against former Presidents and certain other persons

At all times relevant to this Indictment, unless otherwise stated:

1. DONALD J. TRUMP is a resident of New York, New York, and is the nominee of the Republican Party for President of the United States.

2.  HILLARY CLINTON is a resident of New York, New York, and is the nominee of the Democratic Party for President of the United States.

3.  On or about August 9, 2016, in the City of Wilmington, North Carolina, DONALD J. TRUMP stated: “If [Hillary Clinton] gets to pick her judges, nothing you can do, folks. Although the Second Amendment people — maybe there is, I don’t know.”

4.  The Second Amendment to the Constitution of the United States states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

5.  The relevant section of the Code of Laws of the United States is 18 U.S.C. § 879 : US Code – Section 879: Threats against former Presidents and certain other persons.  That section states:

“(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon – (1) a former President or a member of the immediate family of a former President; (2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect; (3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or (4) a person protected by the Secret Service under section 3056(a)(6); shall be fined under this title or imprisoned not more than 5 years, or both [emphasis added].”

6.  The facts are that DONALD J. TRUMP knowingly and willfully threatened to kill or inflict bodily harm upon HILLARY CLINTON, who is a major candidate for the office of President of the United States, and who is protected by the Secret Service.

7.  DONALD J. TRUMP knowingly and willfully sought to incite the murder of, or the infliction of bodily harm against, HILLARY CLINTON by stating that persons who oppose her policies are justified in taking up arms against her, pursuant to the Second Amendment.

All in violation of Title 18, United States Code, Section 879.

FOR THE UNITED STATES OF AMERICA (AND THE FREE WORLD)

J. Warren Kinsella, J.D.

Senior Litigation Counsel
Criminal Division
United States Department of Justice

 

35 Comments

  1. Eric Weiss says:

    Normally I would say that this was a stupid off the cuff bad joke, but he has his followers whipped up into such a froth, that it wouldn’t surprise me that some Y’all Quaida but job might be inspired to actually follow through with it. I’m actually quite worried about what will happen election night if/when he loses. Guaranteed there are some Tea Party nutjobs stockpiling and polishing up their guns right now.

  2. MississaugaPeter says:

    All extremely good, but I personally would take out:

    Senior Litigation Counsel
    Criminal Division
    United States Department of Justice

    • Warren says:

      I don’t think anyone would take that seriously, would you? Particularly after the “free world” bit.

      Still think Trump is going to win?

      • Michael Bluth says:

        No. I do not think anyone will take this ‘indictment’ seriously. That being said, why post it?

      • Ron says:

        Obviously, he knows he is going to lose.

        “Elect me or destroy yourselves.”

      • MississaugaPeter says:

        Unfortunately in this day and age I really don’t know what to think. Too much “1984”. Getting on the the U.S. Government’s (Homeland Security, FBI, NSA) radar (even as a joke) could end up costing one a NEXUS pass.

        I predicted double digit lead for Hillary after Democratic Convention. That was easy. Problem is that Trump support is pretty solid. In the latest Bloomberg poll that came out hours ago, Trump is now just 44-41 behind Clinton when Johnson and Stein are included.

        http://nypost.com/2016/08/10/poll-shows-trump-gaining-on-clinton/

        The November result? Way too much crap can and will happen between now and then. Debates and terrorist attacks and new Wikileaks revelations. Assange is fighting for his freedom over at Wikileaks twitter and his anti-Clinton influence on the U.S. election from an Ecuadorian embassy in London really should not be discounted.

        • MississaugaPeter says:

          Sorry that was 44-40.

          The second thing that stuck out on the Bloomberg Poll but the NY Post minimized:

          “A majority of voters (60 percent) do not believe the election is rigged, while only 34 percent agree that it is.”

          34% of the population believe the election is rigged?. That is a hell of a lot higher than how many people still think Elvis is alive.

          The problem is that 1 in 6 Americans are on food stamps. They and another 100M American get to watch idiots like the Kardashians live the high life while they struggle paycheck to paycheck. Or revelations that Mariah Carey and her boyfriend now have his and her yachts (his is the 7th largest in the world). Their American dream has become winning the lottery.

  3. Rich says:

    Remember – ‘If They Bring a Knife to the Fight, We Bring a Gun’?

    Both sides use this sort of meaningless stuff which is often mischaracterised. meh

  4. James Smith says:

    Dan Rather says it very clearly ( https://www.facebook.com/theDanRather/posts/10157249295185716 ) . This issue is these vile comments from this person is good for clicks & ratings and has fashioned his campaign this way. The result is he will not be held to account by anyone who has this vested interest in clicks & TV ratings.

  5. Ted H says:

    As Karl Rove used to say “When you’re explaining, you’re losing”.

  6. Ron says:

    What a dope. What does he want ? Civil War II ?

  7. billg says:

    In the 2008 DNC Primary’s Mrs Clinton remarked in an interview that one of her concerns with Obama winning the Presidency was , and I’m paraphrashing this…”we all remember what happened to Bobby Kennedy”.
    Of course the kooks on the right and the Obama supporters claimed she was inciting violence, when most just thought it was just a weird and dumb thing to say.
    Mrs Clinton has learned to stay away from weird and dumb things to say, Mr Trump seems to go out of his way finding weirder and dumber things to say every day.
    I can understand why millions of Americans who are watching a US economy that is passing them by support Trump, what I find fascinating is the millions of Americans who support Trump, are well educated and are doing very well with the new Economy.

    • MississaugaPeter says:

      You wrote: “what I find fascinating is the millions of Americans who support Trump, are well educated and are doing very well with the new Economy.”

      43,000,000 Americans are paying off student debt right now. $1.3T is outstanding. That is over 1 in 7.5 Americans owes an average of over 30K USD (39K CAD). Take out the folks who did not go to university or too young, I am sure student debt effects more than 1 in 4 American university graduates.

      http://blogs.wsj.com/economics/2015/05/08/congratulations-class-of-2015-youre-the-most-indebted-ever-for-now/

      https://studentloanhero.com/student-loan-debt-statistics-2016/

      You are viewing the United States from the eyes of a Canadian, and the United States is not Canada when it comes to medicare and education.

      • billg says:

        How exactly will that change under President Trump?
        PBS last night ran the My Fellow Americans series, featuring LBJ, and, the “daisy ad” was featured, and, what struck me as incredible was how Goldwater could be substituted for Trump right now.
        I think against any other Republican Mrs Clinton would lose and lose badly. Like LBJ she hit the jackpot when the Republicans decided to shoot themselves in the foot, the leg, the stomach and the head with the Trump nomination.

        • MississaugaPeter says:

          Who said it would change under President Trump?

          When you are spinning and/or struggling, and have for a long time, you lash out. You vote Trump because he is not the status quo. You vote for the devil (Beelzebub) you don’t know and who you believe is not part of the ruling devils, rather than the devil (Lucifer) you do know and who you believe has been part of the ruling devils. Note: Ben Carson visited me in my sleep last night and is now channeling through me.

          When you feel you have been promised better days many times and they have not arrived and it appears will never, you lash out. When you can’t even give to your children what your parents gave you even though you have a better education (i.e. home with a white picket fence), you lash out. Most educated Trump voters are not voting for Trump. They are doing the only thing that they can do legally, and that is, show their displeasure against the perceived establishment. There always have been people disenfranchised in the United States, but never this many.

          Obama gave people hope and promised change. For many Americans, obviously not all, the positive change never materialized.

  8. David Ruddell says:

    So, if you’d like an analysis from an actual former AUSA, and a First Amendment expert, try:

    https://popehat.com/2016/08/09/lawsplainer-no-donald-trumps-second-amendment-comment-isnt-criminal/

  9. Jeff says:

    I would normally be all over him just from a good form politics standpoint, but while the language was used was careless, I think people at this point are looking for an excuse to make a big news story about everything he says. It is tiresome, and it takes away the brunt from the more important things that he said that were out to lunch. It is getting boring, especially people in Canada. You would swear that everyone is a US citizen the way some people in Canada (especially progressives) go on about the US election.

    • Peter says:

      With an experienced attack dog like Warren working for her fulltime, I’m sure Hillary has sewn up the hypothetical Canadian vote. Probably for the best, but still, I worry about the long term alienation of hypothetical Canadian Trump supporters.

      • james elder says:

        it’s not the amount of dog in the attack that matters but the amount of attack in the dog and as Canadians we have a chihuahua in this fight and last time I looked it was fast asleep or chasing fucking pokemons.

  10. Tim Sullivan says:

    “(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon – (1) a former President or a member of the immediate family of a former President;

    HRC is also an immediate family member of a former President. This applies as well. I wonder if we can stack the time to serve.

  11. bluegreenblogger says:

    I dunno. I expect much crazier shit to hit the fan in another few weeks, when the scale of this massive embarrassment sinks in for Trump. He is going down in history as a laughing stock, and is probably starting to realise this fact by now. How will someone who writes his name in ten foot gold letters on everything he owns react when he is the whole worlds laughing stock? He will do SOMETHING IMPORTANT. Save your ink for that moment.

  12. patrick says:

    Want Trump to lose? Laugh at him. Laugh at everything he does. He will detest that more than anything and will render him apoplectic (yes, there will be a difference from the present). Look up on youtube where Obama is making him a laughing stock. That is a man who has no humility or sense of humour about himself.

  13. Ronald O'Dowd says:

    Warren,

    I worry about the shelf life of negative reinforcement.

  14. James Smith says:

    Thing is, not me, but lots of people are saying, I don’t know, but I hear a lot of people say that this man isn’t even a real Billionaire just a guy who plays one on TV. Maybe if he released his tax return we’d know, but, I don’t know, I just hear what lots of people are saying.

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