Michael F Schundler
3 min readMay 20, 2024

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Which specific crime do you think Trump committed that you would have been jailed for. People tend to talk in generalities but given some of the best lawyers in the country have "gone after Trump", the fact that he is not in jail undermines your arguments.

With regard to insurrection, the FBI did not characterize January 6th as an insurrection. Instead, the Democrats used an obscure provision in the "Enron" case to characterize January 6th as an insurrection. We need to stop using laws out of context to "get political enemies" or our country is going to become a Banana Republic.

If you want to argue that you don't have access to Trump's tax accountants and tax attorneys in preparing your tax returns or his lawyers to take advantage of the laws, Trump freely admitted he takes advantage of loopholes the government has in its laws. But that is why they are called loopholes.

The tragic reality of our laws is that not even the government understands them. I used to do some very higher-powered international tax planning for a major corporation, when we had questions regarding a specific tax provision and contacted the IRS, they gave us an answer, but said we could not rely on or use their response as evidence of the legality of what we were doing and that they could change their understanding of the tax law in the future.

Isn't that a crock, that the laws are so complicated, that you can't find an expert at the IRS to give you a straight answer.

In other cases, the law is littered with "process crimes" like the one they hung on Trump in his bank loan, where no one got hurt because he exaggerated his net worth. The banks went so far as to say they did not rely on Trump's estimate and did their own estimates, but the judge wants to fine Trump $470 million. Do you think you would have been fined $470 million for exaggerating the value of your house on a home equity application?

In contrast, do you see the government going after Biden or Schiff. Biden told his ghost writer that what he was giving him to look at was illegal for him to do. That is a more serious crime.

Schiff lied about his primary residence when applying for a loan which is a federal crime since the lie was to get him a better rate on a Federal conforming mortgage. No one is going after Schiff, but as a Californian, I don't want Schiff fined, just recognized as a Maryland resident (since he claimed that on his loan) and disqualify him from being a Congressional representative from California. If he doesn't live here, how can he represent us?

Now if you want to argue that normal people go to jail for petty offenses, I agree that is unfair. Worse is that sentencing can be influenced by your race, looks, and gender. Trump took a big step in fixing that injustice with his First Step Act, but we need more judicial reform. I want the bad guys in jail, not people jailed based on the color of their skin, gender, or being ugly.

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