Senate agrees to hear Donald Trump case, rejecting GOP arguments

Agencies
February 10, 2021

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Washington, Feb 10: Donald Trump's historic second impeachment trial opened Tuesday with graphic video showing the former president whipping up a rally crowd to march to the Capitol and "fight like hell" against his reelection defeat, followed by images of the deadly attack on Congress that came soon after.

In an early test of the former president's defense, Trump's team lost a crucial bid to halt the trial on constitutional grounds. Senators confirmed, 56-44, their jurisdiction over the trial, the first of a president no longer in office. While six Republican senators joined the Democrats in proceeding, the tally showed how far prosecutors have to go to win conviction, which requires a two-thirds threshold of 67 senators.

Tuesday's vote was on whether a former president could be tried after leaving office.

House Democrats prosecuting the case told senators they were presenting "cold, hard facts" against Trump, who is charged with inciting the mob siege of the Capitol to overturn the election he lost to Democrat Joe Biden.

Senators sitting as jurors, many who themselves fled for safety that day, watched the jarring video of Trump supporters battling past police to storm the halls, Trump flags waving.

"That's a high crime and misdemeanor," declared Rep. Jamie Raskin, D-Md., in opening remarks. "If that's not an impeachable offense, then there's no such thing."

Trump is the first president to face impeachment charges after leaving office and the first to be twice impeached. The Capitol siege stunned the world as hundreds of rioters ransacked the building to try to stop the certification of Biden's victory, a domestic attack on the nation's seat of government unlike any in its history. Five people died.

Acquittal is likely, but the trial will test the nation's attitude toward Trump's brand of presidential power, the Democrats' resolve in pursuing him, and the loyalty of Trump's Republican allies defending him.

Trump's lawyers are insisting that he is not guilty of the sole charge of "incitement of insurrection", his fiery words just a figure of speech as he encouraged a rally crowd to "fight like hell" for his presidency. But prosecutors say he "as no good defense" and they promise new evidence.

Security remained extremely tight at the Capitol on Tuesday, a changed place after the attack, fenced off with razor wire with armed National Guard troops on patrol. The nine House managers walked across the shuttered building to prosecute the case before the Senate.

White House press secretary Jen Psaki said Biden would not be watching the trial of his predecessor.

"Joe Biden is the president, he's not a pundit, he's not going to opine on back and forth arguments," she said.

With senators gathered as the court of impeachment, sworn to deliver "impartial justice", the trial started with debate and a vote over whether it's constitutionally permissible to prosecute Trump after he is no longer in the White House.

Trump's defense team has focused on that question, which could resonate with Republicans eager to acquit Trump without being seen as condoning his behaviour.

Lead lawyer Bruce Castor said that no member of the former president's defense team would do anything but condemn the violence of the "repugnant" attack, and "in the strongest possible way denounce the rioters". Yet Trump's attorney appealed to the senators as "patriots first", and encouraged them to be "cool headed" as they assess the arguments.

At one pivotal point, Raskin told the personal story of bringing his family to the Capitol the day of the riot, to witness the certification of the Electoral College vote, only to have his daughter and son-in-law hiding in an office, fearing for their lives.

"Senators, this cannot be our future," Raskin said through tears. "This cannot be the future of America."

Trump attorney David Schoen turned the trial toward starkly partisan tones, the defense showing its own video of Democrats calling for the former president's impeachment.

Schoen said Democrats are fuelled by a "base hatred" of the former president and "seeking to eliminate Donald Trump from the American political scene."

It appears unlikely that the House prosecutors will call witnesses, in part because the senators were witnesses themselves. At his Mar-a-Lago club in Florida, Trump has declined a request to testify.

Presidential impeachment trials have been conducted only three times before, leading to acquittals for Andrew Johnson, Bill Clinton and then Trump last year.

Timothy Naftali, a clinical associate professor at New York University and an expert on impeachment, said in an interview, "This trial is one way of having that difficult national conversation about the difference between dissent and insurrection."

The first test Tuesday was on the constitutionality of the trial, signalling attitudes in the Senate. Six Republicans joined with Democrats pursue the trial, just one more than on a similar vote last week. Bill Cassidy of Louisiana added to the ranks of Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania.

The Democratic-led House impeached the president swiftly, one week after the attack. Five people died, including a woman shot by police inside the building and a police officer who died the next day of his injuries.

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News Network
April 11,2024

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Real estate tycoon Truong My Lan was sentenced Thursday to death by a court in Ho Chi Minh city in southern Vietnam in the country's largest financial fraud case ever, state media Thanh Nien said.

It's a rare verdict - she is one of very few women in Vietnam to be sentenced to death for a white collar crime, i.e. looting one of the country's largest banks over a period of 11 years.

The decision is a reflection of the dizzying scale of the fraud. Truong My Lan was convicted of taking out $44bn (£35bn) in loans from the Saigon Commercial Bank. The verdict requires her to return $27bn, a sum prosecutors said may never be recovered. Some believe the death penalty is the court's way of trying to encourage her to return some of the missing billions.

The habitually secretive communist authorities were uncharacteristically forthright about this case, going into minute detail for the media. They said 2,700 people were summoned to testify, while 10 state prosecutors and around 200 lawyers were involved.

The evidence was in 104 boxes weighing a total of six tonnes. Eighty-five defendants were tried with Truong My Lan, who denied the charges.

"There has never been a show trial like this, I think, in the communist era," says David Brown, a retired US state department official with long experience in Vietnam. "There has certainly been nothing on this scale."

The trial was the most dramatic chapter so far in the "Blazing Furnaces" anti-corruption campaign led by the Communist Party Secretary-General, Nguyen Phu Trong.

A conservative ideologue steeped in Marxist theory, Nguyen Phu Trong believes that popular anger over untamed corruption poses an existential threat to the Communist Party's monopoly on power. He began the campaign in earnest in 2016 after out-manoeuvring the then pro-business prime minister to retain the top job in the party.

 The campaign has seen two presidents and two deputy prime ministers forced to resign, and hundreds of officials disciplined or jailed. Now one of the country's richest women has joined their ranks.

Truong My Lan comes from a Sino-Vietnamese family in Ho Chi Minh City, formerly Saigon. It has long been the commercial engine of the Vietnamese economy, dating well back to its days as the anti-communist capital of South Vietnam, with a large, ethnic Chinese community.

She started as a market stall vendor, selling cosmetics with her mother, but began buying land and property after the Communist Party ushered in a period of economic reform, known as Doi Moi, in 1986. By the 1990s, she owned a large portfolio of hotels and restaurants.

Although Vietnam is best known outside the country for its fast-growing manufacturing sector, as an alternative supply chain to China, most wealthy Vietnamese made their money developing and speculating in property.

All land is officially state-owned. Getting access to it often relies on personal relationships with state officials. Corruption escalated as the economy grew, and became endemic.

By 2011, Truong My Lan was a well-known business figure in Ho Chi Minh City, and she was allowed to arrange the merger of three smaller, cash-strapped banks into a larger entity: Saigon Commercial Bank.

Vietnamese law prohibits any individual from holding more than 5% of the shares in any bank. But prosecutors say that through hundreds of shell companies and people acting as her proxies, Truong My Lan actually owned more than 90% of Saigon Commercial.

They accused her of using that power to appoint her own people as managers, and then ordering them to approve hundreds of loans to the network of shell companies she controlled.

The amounts taken out are staggering. Her loans made up 93% of all the bank's lending.

According to prosecutors, over a period of three years from February 2019, she ordered her driver to withdraw 108 trillion Vietnamese dong, more than $4bn (£2.3bn) in cash from the bank, and store it in her basement.

That much cash, even if all of it was in Vietnam's largest denomination banknotes, would weigh two tonnes.

She was also accused of bribing generously to ensure her loans were never scrutinised. One of those who was tried used to be a chief inspector at the central bank, who was accused of accepting a $5m bribe.

The mass of officially sanctioned publicity about the case channelled public anger over corruption against Truong My Lan, whose fatigued, unmade-up appearance in court was in stark contrast to the glamorous publicity photos people had seen of her in the past.

But questions are also being asked about why she was able to keep on with the alleged fraud for so long.

"I am puzzled," says Le Hong Hiep who runs the Vietnam Studies Programme at the ISEAS - Yusof Ishak Institute in Singapore.

"Because it wasn't a secret. It was well known in the market that Truong My Lan and her Van Thinh Phat group were using SCB as their own piggy bank to fund the mass acquisition of real estate in the most prime locations.

"It was obvious that she had to get the money from somewhere. But then it is such a common practice. SCB is not the only bank that is used like this. So perhaps the government lost sight because there are so many similar cases in the market."

David Brown believes she was protected by powerful figures who have dominated business and politics in Ho Chi Minh City for decades. And he sees a bigger factor in play in the way this trial is being run: a bid to reassert the authority of the Communist Party over the free-wheeling business culture of the south.

"What Nguyen Phu Trong and his allies in the party are trying to do is to regain control of Saigon, or at least stop it from slipping away.

"Up until 2016 the party in Hanoi pretty much let this Sino-Vietnamese mafia run the place. They would make all the right noises that local communist leaders are supposed to make, but at the same time they were milking the city for a substantial cut of the money that was being made down there."

At 79 years old, party chief Nguyen Phu Trong is in shaky health, and will almost certainly have to retire at the next Communist Party Congress in 2026, when new leaders will be chosen.

He has been one of the longest-serving and most consequential secretary-generals, restoring the authority of the party's conservative wing to a level not seen since the reforms of the 1980s. He clearly does not want to risk permitting enough openness to undermine the party's hold on political power.

But he is trapped in a contradiction. Under his leadership the party has set an ambitious goal of reaching rich country status by 2045, with a technology and knowledge-based economy. This is what is driving the ever-closer partnership with the United States.

Yet faster growth in Vietnam almost inevitably means more corruption. Fight corruption too much, and you risk extinguishing a lot of economic activity. Already there are complaints that bureaucracy has slowed down, as officials shy away from decisions which might implicate them in a corruption case.

"That's the paradox," says Le Hong Hiep. "Their growth model has been reliant on corrupt practices for so long. Corruption has been the grease that that kept the machinery working. If they stop the grease, things may not work any more."

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