I am impressed with the January 6 Committee’s report. It reads like a prosecution memo. I see the fingerprints of committee counsel Tim Heaphy, a former U.S. Attorney, all over this. Some of the proposed charges were expected. Two others are intriguing. washingtonpost.com/opinions/2022/…
The expected charges, obstruction and conspiracy to defraud US, have been apparent from the start. I wrote about these charges in February. But the report does a good job of meticulously detailing evidence to support each element of each crime. justsecurity.org/80308/united-s…
Two other charges are surprises to me. The first is conspiracy to submit false documents based on the false slate of electors that were submitted to the Archives and Congress. This strikes me as a tidy charge, so long as DOJ can directly tie Trump to this part of the plot.
The second surprise charge for me is inciting insurrection, in light of First Amendment concerns. SCOTUS has said that to convict someone for a crime based on political speech, there must be intent to incite imminent lawless action and a likelihood of such a response.
I have long thought Trump’s speech on the Ellipse failed this test because of the vagueness of his language and the inclusion of the word “peacefully.”
But the report also includes as a basis for inciting insurrection Trump’s 2:24 PM tweet on Jan 6, after he had seen the attack unfolding on TV, in which Trump blasted Pence for lacking courage to stop the count. That one seems to clear the bar. Genius.
Not surprisingly, report does not refer seditious conspiracy. Committee gains credibility by not over-reaching. While some links tie militia groups to Trump campaign, committee did not establish direct link to attack plans. DOJ may be able to establish link, but not apparent yet.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
