
Donald Trump is the rare politician who is actually vigorously carrying out his campaign promises. One of them was relentless pursuit of his political rivals to punish them and try to put them in prison, whether or not they have committed any crimes. Opposing him is crime enough. For Sen. Adam Schiff (D-CA), that holds double, because Schiff was the lead manager in Trump's first impeachment. That will not stand. Lock him up.
Trump has called Schiff "a sleazebag," a "major low life," "shifty," "one of the least attractive human beings I've ever seen," a "pencil neck," "sick," one of the "enemies from within," and "Adam Schitt." This is not how previous presidents have referred to U.S. representatives and senators, even those they didn't like. Trump also wants to imprison Schiff.
Trump's charge du jour is mortgage fraud. Turns out everyone does it (keep reading). Many banks give more favorable terms to people buying a house to live in rather than to rent out as an investment property. The idea is that you won't trash your own house and reduce its value, but a renter might. You are also less likely to default on a house you live in, rather than a money-losing investment property. As a consequence, there is a box to check on mortgage applications asking: "Is this your principal residence?" Schiff checked the box on both his mortgage applications, one for his house in California and one for his house in Maryland. Case Closed. Take the prisoner away!
Maybe not so fast. First of all, the crime of mortgage fraud requires proof of intent to defraud a bank. Many members of Congress have a house in D.C., Maryland, or Virginia, where they live when Congress is in session, which is about 10 months of the year. They also maintain one at home either because it is required by state law or because they simply need a place to live when Congress is not in session. Calling both of them a "principal" residence is easily defensible in this case. This is especially easy because neither one is being rented out to someone who might trash the place. Also, virtually all the time, the bank knew the person was a member of Congress and has two houses. Snowbirds who have a condo in Florida for the winter but live in New York the rest of the time also have two principal residences. In Schiff's case, he claimed the homestead exemption only for his home in California, underscoring the fact that he wasn't trying to deceive the banks or any government. As long as the bank knows you have two houses (or, in John McCain's case, more houses than he could remember), it is not fraud because there is no element of intent to defraud the bank. If the bank knows you have two houses and is willing to give you a good deal on both houses, that is its business decision.
Schiff has set up a
fund
to pay for his defense and he is ready to go. He has hired famed former U.S. attorney from SDNY Preet Bharara as his
defense lawyer. Trump has chosen Ed Martin as a special attorney to persecute prosecute Schiff. This is the same Martin who was so
repulsive that even Republican senators couldn't stomach him as U.S. attorney for D.C. and forced Trump to pull the
nomination. It is probably lost on Trump that while Martin is vile and venal, he is not actually a good lawyer, while
Bharara is the best there is.
How did Trump discover the two mortgages? He appointed his close buddy, wealthy real estate developer Bill Pulte, to run the Federal Housing Finance Agency. This gives Pulte access to almost every mortgage in America and so he is looking for people on Trump's enemies list with two mortgages. We wonder if Pulte will also give the names of these members of Trump's cabinet to the president: Secretary of Labor Lori Chevez-DeRemer, Sec. of Transportation Sean Duffy, and EPA Administrator Lee Zeldin. All three of them have two houses they have claimed as principal residences.
Oh, and while we are at it, Pulte, who is behind this (and also behind the claim that Fed governor Lisa Cook committed mortgage fraud) knows what he is talking about. After all, his own father and wicked stepmother, Mark and Julie Pulte, have not only claimed principal residences in both Michigan and Florida, but also claimed homestead exemptions in both states. This is definitely illegal because it gives them a tax break in both states. We hope Pulte will turn them over to Trump as well, as a public service. (V)