President Trump
Donald Trump McConnell distributes proceedings for Trump’s second indictment trial in Trump Senate suggesting building own platform after Twitter ban Poll: 18% of Republicans support Capitol riots faces a new legal danger for his statements at a rally on Wednesday that sparked a mob attack on the U.S. Capitol that left five dead, including a police officer.
The Department of Justice (DOJ) this week announced charges against 55 people for their alleged involvement in the deadly Capitol offense.
And while law enforcement officials said Trump is unlikely to be charged for his comments at the rally that immediately preceded the uprising, the new leadership will take over from the DOJ on Jan. 20 and some legal experts say there is a legitimate case Trump’s conduct on Wednesday rises to the level of criminal incitement.
“The president needs to be investigated and has real criminal responsibility for inciting to essentially motivate people, motivating people to get in and commit these crimes,” said Elie Honig, a CNN legal analyst.
“It’s not an easy case to make,” he added. “But if you look at his words, if you look at the language he used, the way he not only urged people to do it, but applauded them after they did it, while they were doing it, that suggests to me that he knew exactly nothing. to which he led them “.
An initial test for the Biden administration will be whether the DOJ chooses to pursue any of the various threads of investigation leading to Trump or whether it will choose to turn the page on the Trump era and dodge the political baggage that could be prosecuted. ‘a former president. .
Some Democrats, meanwhile, probably won’t forgive Trump for his role in the first mass breach of the U.S. Capitol since the 1812 war. They won’t forget that old special council either. Robert Mueller
Robert (Bob) Mueller Why special advice is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr investigating the lawyer investigating the origins of Russia’s investigation as special counsel, CNN’s Toobin warns that McCabe he is in a “dangerous state” with the bold Trump MOREThe only apparent reason for not accusing Trump of having criminally obstructed his investigation in Russia was that the DOJ policy prohibited the indictment of an incumbent president, but does not impose such restrictions on the indictment of ex-presidents.
President-elect Joe Biden
Judge Joe BidenUS blocks the Trump administration’s restrictions on asylum eligibility. McConnell distributes proceedings for the second Senate impeachment trial against Trump he said several times during the 2020 presidential campaign that it would be up to his attorney general to decide whether to prosecute Trump, but he has not addressed the issue since Wednesday’s crowd assault at the Capitol.
On Thursday, Biden announced it Merrick Garland
Merrick Brian Garland: The Hill’s Morning Report: Trump finally admits; The pressure of the 25th Amendment increases Garland’s votes to combat “violent extremism,” according to Attorney General Biden, who had a double standard in treating the people of the Capitol would be his attorney general. Garland, a federal appellate court judge whose Supreme Court appointment under former President Obama was blocked by Senate Republicans, made a name for himself while overseeing the prosecution of the 1995 Oklahoma City bombing. .
Garland has given no indication of the likelihood of Trump being prosecuted when he takes over from the DOJ, but some legal experts say the odds are low.
One of the variables at which Trump’s potential legal exposure is at stake is the possibility that he will try to forgive himself before leaving office. This scenario has long been a topic of speculation, but questions about the unprecedented movement have intensified following this week’s violence at the Capitol.
No attempt has ever been made to pardon the presidential author and his legality remains an open question. The general consensus among most experts, however, is that such a maneuver would be illegal.
A clearer legal rule that deals with the scope of the president’s pardon power is that immunity extends only to federal crimes, not to violations of state criminal statutes.
A District of Columbia lawmaker, Councilor Robert White, this week asked DC Attorney General Karl Racine to assess whether the filing of criminal charges against Trump in DC would be justified. DC law makes it a felony to “voluntarily incite or urge others to participate in a riot,” and infractions are punishable by up to six months in prison.
A Racine spokesman told the DCist that his office was reviewing White’s investigation, and Racine, in a televised interview, opened up the possibility of prosecuting charges.
Trump also faces the prospect of civil and criminal liability in New York.
Manhattan District Attorney Cyrus Vance (D) has sought for more than a year to obtain eight years of Trump’s tax record. Vance’s office is studying payments made to silence two women who allege they had an affair with Trump, including adult movie star Stormy Daniels. Former Trump lawyer and repairman, Michael Cohen
Michael Dean Cohen: The Silver Line of the Trump Presidency? A federal judge: “It’s not uncommon for a criminal like Trump to forgive other criminals,” Michael Cohen predicts Trump’s pardoned people will be able to testify against him MORE, who pleaded guilty to bank fraud, tax fraud and campaign law violations, has said the payments were made to influence the outcome of the 2016 presidential election.
Vance’s office has hinted that the subpoena for Trump’s financial records is part of an investigation into “possibly extensive and prolonged criminal conduct in the Trump Organization,” including possible allegations of fraud detailed in the reports. of the media of recent years.
In addition, New York Attorney General Letitia James (D) is investigating whether the Trump Organization, where Trump is executive vice president, has been illegally inflating its assets to obtain tax breaks and attract investors.
At the federal level, petitions for Trump’s removal are growing under the 25th Amendment to the Constitution. Democrats are also set to file indictment articles as early as next week.
While some of its critics may be satisfied with the pursuit of these political remedies, it is likely that others will not give up the push for prosecution.
“Re-charge him,” National Security Attorney Brad Moss wrote on Twitter, “and charge him with conspiracy to incite rioting and sedition.”