Yes, this was reported from an anonymous source in the press. Anonymous sources reported in the press is not admissible evidence in court.
(Talking about the reporting that Trump watched the coverage of the insurrection on T.V.)
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To bring charges (or convict) prosecutors need evidence that is admissible in court.
Of course, the committee is not a law enforcement body and can't bring charges, but they've said they are coordinating with other agencies to avoid duplication of effort.
Anyway . . .
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People see reporting in the newspaper and say, "See there is evidence! Why haven't these people been charged yet!"
Or, "ho, hum, I read about that in the newspaper, so I know he's guilty, so what the heck is taking so long?"
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What's taking so long is that we don't convict people in the press, and prosecutors don't charge people based on hearsay (anonymous sources in newspapers).
I assume that all this evidence will be handed over to the DOJ. (I don't know what the DOJ is doing, and either do you)
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But if you missed it, here is the last statement from the DOJ:
Every crime has multiple elements, and prosecutors need to prove EACH element beyond a reasonable doubt to a jury, including an element showing state of mind.
"Rule of law hasn't always been followed—look at how minorities have often been treated under the law—so why is this DOJ being ethical in Trump's case" isn't the compelling argument that a lot of people think it is.
I love it. Thank you.
The criminal justice system doesn't always work as it should is not a good argument for trampling rule of law in a high-profile case.
In fact, trampling rule of law in a high-profile case is a good way to destroy rule of law.
"The Department of Justice’s resolve to hold accountable those who committed crimes on Jan. 6, 2021, has not, and will not, wane." justice.gov/usao-dc/one-ye…
It's what Garland has been saying since last March.
It's the most you'll get because the DOJ is run by rule-of-law people.
And people got so used to Trump telling the DOJ what to do, that they think Biden should do the same.
A pillar of democracy is prosecutorial independence.
(No surprise: The committee's brief is written and argued well.)
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Here is how Trump's brief presented the issue ⤵️
His argument is that the select committee's request was unconstitutional, therefore, he should have gotten a preliminary injunction. He wants the Court to decide whether the request was constitutional.
Here's the problem . . . 2/
To get a preliminary injunction, Trump had to show with clear evidence each of these four criteria⤵️
The likelihood of succeeding on the merits is only one element.
So far, there has not actually been a trial on the merits of whether the request was Constitutional.
Trump filed a supplemental brief with the Supreme Court (in his executive privilege case) arguing that the committee is considering criminal referrals, therefore, the request for documents exceeds Congress's legislative powers.
Given the fact that the committee is studying a crime to find out what legislation can prevent future crimes, it's hard to say that they shouldn't make criminal referrals where appropriate.
Trump's argument comes down to "they're picking on me!"
Not long ago, Steve Bannon horrified (and terrified) people when we learned he was trying to move Trump-Coup supporters into positions administering elections.
#2 on my list is "get involved with local elections."