The Prosecution of Sidney K. Powell

 Let's take a look at Sidney Powell's case.  I don't know why,  but, for some reason my personal feelings were most offended by Sidney Powell during the whole 'Stop the Steal' efforts of the Trump campaign. After 30 plus years of practicing law,  somehow I felt I knew this lawyer. Her breathtaking arrogance and self satisfied declamations of what she knew about the election.  Her nasal and monotone presentation and apparent complete lack of self awareness.  She was far worse, to me, than Rudy "Sparky" Giuliani.  He, at least, on some level, seemed to have some awareness of the bullshit he was selling.  She gave no quarter...no morsel of indication that perhaps she could be in error.  I really loathed her (and still do).  She is just the kind of lawyer I think gives all lawyers such a bad reputation.   

I  wrote last about her co-defendant, Kenneth Chesebro and his unusual tactic of moving for a speedy trial of his case...effectively severing his trial from all the other co-defendants, including Donald Trump.  I talked about how it actually looked, in his case, like it might be a good move and I predicted he would be acquitted.  See "the Prosecution of Kenneth Chesebro"

About the same time I published this,  news came that Sidney Powell had jumped on Chesebro's bandwagon and had also filed for a speedy trial.  In my facebook discussion of this,  I expressed my certainty that Chesebro must be spitting nails in anger at Sidney.  She is probably the last person he would want sitting with him in court as 'they' go to trial together.  Sure enough,  not long after Chesebro filed a motion to sever his trial from Sidney's.  Rolling Stone magazine titled it's article  "Ken Chesebro Wants Nothing to Do With Sidney Powell — Especially in Court"  

********************************************************

So, today, I am focusing on Sidney's trial and just exactly what she is accused of doing in violation of the law. As before, I reviewed the charging indictment and focused specifically on what Sidney is accused of doing. I will boil it down. First she is accused of participating in the grand scheme by going to the Republican national headquarters, after the election, with the Trump team and making 'false statements' there. (we aren't told what the exact falsehoods were.). Her next crime is where she is accused of hiring a forensic data firm (SullivanStrickler LLC) for the performance of data collection and 'analytics' on Dominion Voting Systems equipment "in Michigan and elsewhere".   

Third,  she is accused of being present at a meeting of the Trump team where they discussed strategies and theories  intended to influence the outcome of the November 3 election including possibly "...seizing the voting equipment and appointing SIDNEY KATHERINE POWELL as a special counsel with broad authority to investigate allegations of voter fraud.."   (NOTE: voting equipment was never 'seized' and Sidney Powell was never 'appointed as special counsel').

The Fourth body of claims concerns her interacting with the company she hired or contracted with to conduct forensic data analysis and the taking and tampering with the  Georgia voting system, data therein, and  including  tampering or taking voter information and possibly ballots.

Finally,  she is accused of making ".... at least one of the following false statements and representations in sworn deposition with the United States House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol: 

1. That she "didn't have any role in really setting up" efforts to access voting machines in Coffee County, Georgia, or Antrim County, Michigan; 

2. That she was aware there was an "effort by some people" to get access to voting machines in Georgia but that she did not "know what happened with that" and did not "remember whether that was Rudy or other folks."

Well,  for a minute,   let me talk about the two claims that jumped out at me and caused alarm, the RNC meeting...where she allegedly lied and the meeting where they talked about all kinds of things like seizing the voting machines and making Sidney a special counsel for the DOJ.   Ok,  in hindsight ...maybe.. MAYBE you could see these as being part of the overall plan to overthrow the voting process as it culminated in the idiotic insurrection on January 6.  But as much as it pains me to say it...criminal charges aren't supposed to be like this.  Imagine yourself at a party with a bunch of people and somebody starts spitballing about how you could rob a bank and get away with it. Maybe as the joking goes on...they even propose that YOU could play the role of getaway driver! Everyone laughs and has another drink.  But then, three months later some chucklehead at the part actually tries to rob a bank. And you get charged right along with them because ...gee...you were there when they talked about it! Even gave you a role. I know I know....you didn't actually do anything like being the wheelman...but they PROPOSED it as a possibility!!!    No.  No thank you.  Criminal justice doesn't work that way and no, not even Sidney Powell can be guilty because some knucklehead thought making her a special counsel to the DOJ was a doable.   And, no...going and spreading lies at the RNC meeting won't hunt either.  Hell,  Sidney was spewing lies on NBC.  "I'm a gonna release the KRAKEN!!" she said.  Oh boy.  The sad thing is that this actually does give credence to the knuckleheads who claim this is all  about 'criminalizing' free speech.   I think Sidney is found 'not guilty' on anything related to those things. 

The 'meat on the bone' accusation is if she really did dig in with her forensic data team and illegally access the computer systems in Georgia and steal (take without official permission) and tamper with ballot data.  That's a highly technical sequence of actions and, frankly,  I don't know what the actual evidence is surrounding that.  So,  I am not going to venture an opinion about whether she committed a criminal act there.  So...the 'jury is out' on that one.

************************************************************

Sidney seeking a 'speedy trial'.  

I think Sidney is smart enough to recognize that Chesebro is probably making a good move in his case when he demanded a speedy trial. But she is also too arrogant to understand that what is good for him may not be so good for her.  And whereas,  I can easily envision Chesebro being smart enough to listen to his lawyers and not testify at his own trial,  there is no way in the world I can imagine keeping Sidney off of the witness stand even though she is such a nasty arrogant person that the jury could very well convict her just because they detest her so much.  She won't listen to her lawyers since...Sidney always knows best!  That's why the Cheese is so desperate to want his speedy trial to be severed from hers.  She's poison and he knows it. 

So here's my prediction:  Sidney will be aquitted on things related to being a liar or a fantasist or hanging our with knuckleheads spittballing ideas and options Trump MIGHT have pursued.  But, if she takes the stand (and I think she will)  she manages to snatch defeat from the jaws of victory and gets convicted...of something or other.