Article author:
New York — 2021 The U.S. Parliamentary Commission investigating the attack on the U.S. Capitol on January 6, 2014 filed a lawsuit alleging that then President Donald Trump acted illegally when trying to overturn his defeat in the 2020 election. I tried, but what could the prosecutor bring to Trump? How can he protect himself?
Here are some ideas that are currently in mind:
Obstruction of official proceedings
In a court submission on March 2, the Commission elaborated on Trump's efforts to convince then Vice President Mike Pence. .. Reject the slate of Joe Byden's elector who won the election, or delay the count of those votes in Congress.
The president's efforts may violate federal law, and it is illegal to "illegally" interfere with or attempt to interfere with official procedures. Said David Carter, a federal judge in California who oversees the case.
Cassidy Hutchinson, an aide to Mark Meadows, then chief of the White House, said Trump had some supporters gathered for a fierce speech outside the White House that day. He said he dismissed concerns that he had a -15-style rifle. Security that stops screening attendees with a magnetometer so that the crowd looks bigger.
She demands that Trump be taken to the Capitol to join the uprising supporters prior to approving Pence's expected vote, and his security details. Testified that he tried to grab the handle when he insisted on returning him to the White House.
Hutchinson said the conversation was conveyed to her by Trump's Deputy Chief of Operations, Tony Ornart, Senior Officer of Secret Services.
Ilya Somin, a law professor at George Mason University, said the testimony "may increase the likelihood of prosecuting and convicting Trump."
Trump denies Hutchinson's account in a statement posted on his social media app Truth Social, calling her story that he grabbed the handle "fake" and "fraud." I called. Trump accused the Commission of conducting a "fake investigation."
The New York Times and NBC quoted secret service sources as saying that Robert Engel and the limousine driver, who are responsible for Trump's security details, have never rushed into the steering wheel. He said he was ready to testify under the vow.
Conspiracy to deceive the United States
In a submission on March 2, the Commission conspired for Trump and others to deceive the United States. He said he was likely to have attempted. Two or more efforts to disrupt the functioning of the government "by deception, ingenuity, or deceit."
In addition to Trump's efforts to put pressure on Pence, the Commission has shown that some of his allies have given him evidence of fraud.
According to Hutchinson, a spokesman for Trump's White House at the time, Trump was furious in an interview with General Bill Barr's Associated Press at the time, and there was no evidence of election fraud. Trump breaks the wall, the porcelain dish and leaves the ketchup dripping on the wall.
SEDITIOUSCONSPIRACY.
Prosecutors have ruled that more than 12 members of the Proud Boys Group and the Orskipers Group on the far right during the January 6 riots would make it illegal to overthrow the United States. I have already been charged with a cunning plot. Forced government.
To prove a cunning plot, prosecutors need to show that Trump is colluding with others to use his power, a law professor at the University of Michigan and a former federal prosecutor. Barbara McCaid said.
"Her testimony is in line with that theory, but that alone does not establish it," McCaid said.
Obstruction of Justice
At the end of Hutchinson's testimony, Republican Rep. Lizcheny presented evidence of possible tampering with witnesses and obstruction of justice.
Chainy sent a message to unidentified witnesses informing them that the unidentified person was watching the testimony carefully and expecting loyalty.
If the Commission has evidence that the people who sent the message had an "implicit understanding" of Trump, prosecutors used it to tamper with witnesses. You can show that there was a plot to do. Northeastern University of Boston.
"They have set up a table of witness tampering, and perhaps other witnesses are coming to nail it," he said.
The fact that Chainy did not identify the sender of the message suggests that it may be "more shots across the bow to make a person knock it off". Yes, McCaid said.
Trump's defense.
Trump has repeatedly denied doing anything illegal in connection with the events of January 6th.
If the Justice Department indicted, the prosecutor's main task would be to prove that Trump acted with corrupt intentions, experts said.
Trump said that he won the election and that well-documented efforts to put pressure on Pence and the state's electoral authorities would interfere with Congress and deceive the United States. It can be argued that he truly believed that it was not intended to protect the integrity of the election.
Hutchinson's explanation could make it more difficult for Trump to claim this defense, Medwed said.
"Before disclosure (Tuesday), the biggest hurdle to prosecuting Trump related to mental state: proving that he intended to interfere with formal proceedings, or Agree with others to deceive the rebellion of the United States or the instigation. "
"The testimony (Tuesday) provided strong contextual evidence that it was his intention to do those things."
Does this average Trump have criminal liability?
No. Neither Carter nor the Commission can accuse Trump of federal crime. The decision must be made by the Department of Justice, led by Justice Secretary Merrick Garland. The
department is conducting its own expansive investigation into the January 6th case, but has not signaled whether it intends to sue Trump. .. The department did not respond to the request for comment. (Report by Luc Cohen of New York; edited by Noeleen Walder and Howard Goller)
