But when it comes to Mr. Trump and the senior people around him, this obstruction charge is much broader than the assault on the Capitol. The conspiracy to obstruct justice again encompasses all the different methods he and his allies used to seek to overturn the election results by thwarting the proceeding to certify the election. In addition, his dispatching supporters to the Capitol and then taking no steps to stop them for three hours potentially makes him liable for aiding and abetting that obstruction — even though he did not set foot in the Capitol himself. And aiding and abetting is part of the theory of the obstruction charge in Count 3.
Count 4 is a civil rights violation under 18 U.S.C. Section 241. That statute makes it a crime to “injure, oppress, threaten or intimidate” any people in their exercise and enjoyment of rights guaranteed by the Constitution or laws. Based on the same evidence, this charge alleges that Mr. Trump and others conspired to injure one or more people by depriving them of their right to have their votes counted.
For each of these charges, all aspects of the effort to overturn the election, including those that took place well before Jan. 6, may be introduced as part of a single multifaceted scheme and part of one story that proves all the charges.
Prosecutors love having alternative legal theories underlying a single presentation of evidence. It’s a belt-and-suspenders approach: If a legal issue arises that weakens or eliminates one charge, the others remain, and the case can continue. And within the scheme are yet more backstops: If the evidence for one aspect of the scheme falters, the remaining aspects are still more than sufficient to prove the charge.
Mr. Smith has also avoided some potential land mines that could be lurking in other charges.
One charge that was not included in the indictment falls under 18 U.S.C. Section 2383, which makes it a crime to incite, assist or engage in a rebellion or insurrection against the United States or to give aid and comfort to such an insurrection. This charge was part of the referral from the Jan. 6 committee.
Nukemarine on August 2nd, 2023 at 22:34 UTC »
Basically:
Trump is being tried alone. No additional complexity dealing with multiple defendants. The charges, especially conspiracy to defraud the US, are fairly common in federal court and simple to prove. There are no classified documents or state's secrets to worry about.This case really focuses on just Donald Trump and just about actions that led up to Jan. 6th's attack on the Capitol. I can imagine a trial for early next year. Honestly, it needs to be televised despite how that usually turns things into a clown show, but the public needs to see this play out and not summarized in the evening with artist renderings.
CorruptColborn on August 2nd, 2023 at 22:06 UTC »
Per the indictment found on page 4 in the description of co conspirator 3:
Not only is Smith prepared to demonstrate Trump knew he lost, he is prepared to demonstrate Trump knew at least one of the theories presented to him concerning determinative voter fraud sounded "crazy" yet continued to disseminate the craziness presented as truth of fraud.
dejavuamnesiac on August 2nd, 2023 at 22:02 UTC »
gift link
This indictment presents detailed and overwhelming allegations. It reflects sound legal and tactical decisions that should allow the government to move quickly and put on a powerful case. The most significant prosecution of Mr. Trump is off to a strong start.