BREAKING: Steve Pigeon Indicted on Federal Charges

Political operative G. Steven Pigeon was indicted Friday morning on charges of conspiracy, wire fraud and bribery.

A federal prosecutor said the charges could bring 20 years behind bars if he is convicted.

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury sitting in the Western District of New York returned an eight-count indictment against former Erie County, NY Democratic party chair G. Steven Pigeon for bribing a New York State supreme court justice.

“Bribery of a judge strikes at the very core of our democracy,” said Acting Assistant Attorney General Blanco.  “The independence of the judiciary is paramount to civilized society.  Our prosecutors and law enforcement partners will pursue any and all attempts to corrupt our fundamental institutions, including the judiciary.”

“The detailed facts set forth in the indictment provide evidence not only of the charges contained therein but of the tremendous investigation conducted by agents from the Buffalo Division of the FBI together with their partners at the New York State Attorney General’s Office and the New York State Police,” said Acting U.S. Attorney Kennedy.  “The indictment speaks for itself.”

Pigeon, 56, of Buffalo, NY, was charged with one count of conspiracy to commit bribery and honest services wire fraud, three counts of honest services wire fraud, one count of federal programs bribery and three counts of violation of the Travel Act.

According to the indictment, between February 2012 and April 2013, Pigeon offered and provided things of value to former New York State Supreme Court Judge John A. Michalek, in exchange for official action. Specifically, Pigeon promised employment for a member of Michalek’s immediate family with the 2012 campaign to reelect President Barack Obama; offered to help the same family member obtain employment with the U.S. Department of State; and agreed to support Michalek’s application for appointment to the appellate division of the New York State Supreme Court, all to obtain favorable judicial decisions from Michalek and to control who Michalek would appoint to a paid court receivership.

Pigeon was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and released on conditions pending trial of this matter before U.S. Distrirt Judge Richard J. Arcara.

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the New York State Attorney General’s Office, under the direction of Eric T. Schneiderman; and the New York State Police, under the direction of  Major Edward Kennedy. The case is being prosecuted by Deputy Chief John Keller of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Paul E. Bonanno of the Western District of New York.

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The president has asked the U.S. Supreme Court to restore “the original meaning” of the 14th Amendment, which his lawyers argued in a brief meant that “children of temporary visitors and illegal aliens are not U.S. citizens by birth," but new research raises questions about what lawmakers intended the amendment to do, reported the New York Times.

"One important tool has been overlooked in determining the meaning of this amendment: the actions that were taken — and not taken — to challenge the qualifications of members of Congress, who must be citizens, around the time the amendment was ratified," wrote Times correspondent Adam Liptak.

A new study will be published next month in The Georgetown Law Journal Online examining the backgrounds of the 584 members who served in Congress from 1865 to 1871. That research found more than a dozen of them might not have been citizens under Trump’s interpretation of the 14th Amendment, but no one challenged their qualifications.

"That is, said Amanda Frost, a law professor at the University of Virginia and an author of the study, the constitutional equivalent of the dog that did not bark, which provided a crucial clue in a Sherlock Holmes story," Liptak wrote.

The 14th Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," while the Constitution requires members of the House of Representatives to have been citizens for at least seven years, and senators for at least nine.

“If there had been an original understanding that tracked the Trump administration’s executive order,” Frost told Liptak, “at least some of these people would have been challenged.”

Only one of the nine challenges filed against a senator's qualifications in the period around the 14th Amendment's ratification involved the citizenship issue related to Trump's interpretation of birthright citizenship, and that case doesn't support his position.

"Several Democratic senators claimed in 1870 that their new colleague from Mississippi, Hiram Rhodes Revels, the first Black man to serve in Congress, had not been a citizen for the required nine years," Liptak wrote. "They reasoned that the 14th Amendment had overturned Dred Scott, the 1857 Supreme Court decision that denied citizenship to the descendants of enslaved African Americans, just two years earlier and that therefore he would not be eligible for another seven."

"That argument failed," the correspondent added. "No one thought to challenge any other members on the ground that they were born to parents who were not citizens and who had not, under the law in place at the time, filed a declaration of intent to be naturalized."

"The consensus on the 14th Amendment’s citizenship clause has long been that everyone born in the United States automatically becomes a citizen with exceptions for those not subject to its jurisdiction, like diplomats and enemy troops," Liptak added.

Frost's research found there were many members of Congress around the time of the ratification of the 14th Amendment who wouldn't have met Trump's definition of a citizen, and she said that fact undercuts the president's arguments.

“If the executive order reflected the original public meaning, which is what the originalists say is relevant,” Frost said, “then somebody — a member of Congress, the opposing party, the losing candidate, a member of the public who had just listened to the ratification debates on the 14th Amendment, somebody — would have raised this.”

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Wilson, sounding amused, interjected, "And I'm also intrigued by how she's somehow a leftist."

Jong-Fast told the Never Trumper, "It has really been a week for Trump."

Wilson laid out a variety of ways in which Trump and the MAGA movement are having a bad Christmas, from the Epstein files to the economy.

"There is no unringing this bell of stupidity," Wilson told Jong-Fast. "They have f----- it up. They have made a giant mistake."

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