1. One of the challenges I continue to see for prosecutors are the defects that TFG and his crew exploited in the federal statute establishing how the winner of a presidential election is certified. The flaws in the electoral college scheme is amplified by this arcane statute.
2. What I fear is that any move to simply charge the #45 crew who planned the coup will come up against the packed #SCOTUS that will let them all off the hook on the grounds that that you can't charge obstruction of Congress or some other conspiracy for attempting to
3. employ a federal statutory scheme to your benefit. It might be helpful if people demanding immediate indictments do a simple element analysis of specific criminal statutes and address the defenses that might raise reasonable doubt. It only takes one failed element to acquit.
4. The evidence I would want to see to charge TFG for the insurrection is proof that, at the time they agreed to advance the plan, the conspirators knew that one of the objects of the conspiracy involved violent conduct in the Capitol. And I agree that it is monstrous to try to
5. overthrow an election result but I counter with the thought that the flawed statute had much to do with encouraging it. A simple election where the winner is who gets the most votes nationally fixes it. But that requires a constitutional amendment and this divided
6. Congress would be unlikely to advance it nor do we have a sufficient number of divided states to ratify it. That leaves us stuck with the dysfunctional statute that will likely be used again by the same scoundrels who seek to impose their dictatorship and end the Republic.
7. The Soviet Union studied our system to find flaws that it could exploit. I believe that race, guns and abortion are all conservative issues that may trace to these Soviet programs advanced and funded by the sons of the person who built the modern Russian industrial economy.
8. When I ponder the Easton plan to exploit that flawed statute and his long-time Koch related background, I am left with a queasy feeling that he was exploiting a flaw the Soviets spotted and the radical right Koch network advanced to attack our Capitol.
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