{"id":531022,"date":"2022-12-24T14:00:00","date_gmt":"2022-12-24T11:00:00","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/with-eyes-on-doj-a-complex-path-for-trump-jan-6-prosecution\/"},"modified":"2022-12-24T14:00:00","modified_gmt":"2022-12-24T11:00:00","slug":"with-eyes-on-doj-a-complex-path-for-trump-jan-6-prosecution","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/with-eyes-on-doj-a-complex-path-for-trump-jan-6-prosecution\/","title":{"rendered":"#With eyes on DOJ, a complex path for Trump Jan. 6 prosecution"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_85 counter-hierarchy ez-toc-counter ez-toc-custom ez-toc-container-direction\">\n<p class=\"ez-toc-title\" style=\"cursor:inherit\">Table of Contents<\/p>\n<label for=\"ez-toc-cssicon-toggle-item-6a3a7a8c238ae\" class=\"ez-toc-cssicon-toggle-label\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #dd3333;color:#dd3333\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #dd3333;color:#dd3333\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/label><input type=\"checkbox\"  id=\"ez-toc-cssicon-toggle-item-6a3a7a8c238ae\" checked aria-label=\"Toggle\" \/><nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/buradabiliyorum.com\/en\/with-eyes-on-doj-a-complex-path-for-trump-jan-6-prosecution\/#With_eyes_on_DOJ_a_complex_path_for_Trump_Jan_6_prosecution\" >With eyes on DOJ, a complex path for Trump Jan. 6 prosecution<\/a><ul class='ez-toc-list-level-2' ><li class='ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/buradabiliyorum.com\/en\/with-eyes-on-doj-a-complex-path-for-trump-jan-6-prosecution\/#What_comes_next\" >What comes next?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/buradabiliyorum.com\/en\/with-eyes-on-doj-a-complex-path-for-trump-jan-6-prosecution\/#Trump_charges_face_legal_hurdles\" >Trump charges face legal hurdles<\/a><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h1><span class=\"ez-toc-section\" id=\"With_eyes_on_DOJ_a_complex_path_for_Trump_Jan_6_prosecution\"><\/span>With eyes on DOJ, a complex path for Trump Jan. 6 prosecution<span class=\"ez-toc-section-end\"><\/span><\/h1>\n<p><img decoding=\"async\" src=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2022\/12\/31babc2569de4a889cace362ab4fe0ab.jpg?w=900\" \/><\/p>\n<div>\n<p>The criminal referrals and report released by the Jan. 6 committee may not provide a clear-cut path to charges for Donald Trump. But they lay a road map for an investigative agency with the tools to compel cooperation and gather more evidence from many of those closest to the former president.<\/p>\n<p>The panel\u2019s final two acts effectively accuse Trump of betraying the country, recommending the Justice Department pursue four different criminal charges against him, while encouraging Congress to use the 14th Amendment to bar him from ever serving in office again.<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\"><\/aside>\n<p>And while it held back on making such recommendations for many in Trump\u2019s orbit, its 845-page report leaves a trail of breadcrumbs on a number of plots and people involved in working to prevent the transfer of power.<\/p>\n<p>\u201cWhat the committee has done is to refer the former president for criminal prosecution for his role in attempting to foment a rebellion against the United States and or its system of law. That has treason written all over it,\u201d said Jeff Robbins, an attorney who has served as both a federal prosecutor and a Senate investigative counsel.<\/p>\n<p>The criminal referrals, and even the broader package of evidence laid out in the report, are merely suggestions for the Justice Department, which has its own sprawling, if less visible, investigation into what Attorney <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/general\/\" data-internallinksmanager029f6b8e52c=\"3\" title=\"General\" target=\"_blank\" rel=\"noopener\">General<\/a> Merrick Garland summarized as \u201cwhether any person or entity unlawfully interfered with the transfer of power.\u201d<\/p>\n<p>But the sheer weight of the evidence presented to the public, along with the detailed argument breaking down the illegality of the plots, could put pressure on a Justice Department that has often \u2014 at least publicly \u2014 lagged behind the committee.<\/p>\n<p>Taken together, the committee said there was enough evidence on hand to charge Trump with inciting an insurrection, obstruction of an official proceeding, and \u2014 with his lies about winning the election and effort to submit false slates of electors \u2014 conspiracy to defraud the United States and conspiracy to make a false statement.<\/p>\n<p>They stopped short, however, of making referrals for the bulk of the names that have become central figures during their 18-month probe, like Trump chief of staff Mark Meadows, a slew of Trump attorneys including Rudy Giuliani, and Jeffrey Clark, the DOJ lawyer who was prepared to initiate an investigation into Trump\u2019s baseless claims of election fraud if the former president made him attorney general.<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\"><\/aside>\n<p>\u201cThis is a very delicate balancing test that the committee had to engage in, knowing this is a statement for the American people and for history, and that if they present like a machine gun, simply going after wide swaths of people at the point of making a criminal referral, that would damage their credibility,\u201d Robbins said.<\/p>\n<p>\u201cOn the other hand, they want to point out, and they did point out, that there are other people whose conduct should be investigated.\u201d<\/p>\n<h2><span class=\"ez-toc-section\" id=\"What_comes_next\"><\/span>What comes next?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>The report, while trailing the bombshell revelations laid out in its summer hearings, delves much deeper than the initial criminal referrals presented Monday, including offering some new details about the extent of efforts to pressure state officials to overturn the election and submit false slates of electors.<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\"><\/aside>\n<p>The path ahead will be determined by Special Counsel Jack Smith, who was <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>ointed to oversee the Justice Department investigation on the Jan. 6 front as well as its probe into the handling of records at Mar-a-Lago once Trump announced his 2024 bid for the White House.<\/p>\n<p>But the Justice Department has both powers and limitations the committee did not, particularly when it comes to presenting a case that can convince 12 jurors of a former president\u2018s guilt.<\/p>\n<p>\u201cThey have tools available to them that are unavailable to the Jan. 6 committee, like search warrants to obtain phones where they can find encrypted messages, and the grand jury where they can have witnesses testify with subpoenas that actually have some teeth that can result in jail time if you refuse to testify. Or they can grant immunity and compel witness testimony,\u201d said Barbara McQuade, a former U.S. attorney.<\/p>\n<aside class=\"ad-unit ad-unit--mr4_ab\"><\/aside>\n<p>\u201cThey most certainly have a much more difficult task than the committee does in presenting a case.\u201d<\/p>\n<h2><span class=\"ez-toc-section\" id=\"Trump_charges_face_legal_hurdles\"><\/span>Trump charges face legal hurdles<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>Any charges against Trump would have to meet a <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/watch-movies-tv-seriess\/\" data-internallinksmanager029f6b8e52c=\"8\" title=\"Watch Movies &amp; TV Series\" target=\"_blank\" rel=\"noopener\">series<\/a> of legal tests \u2014 including, for some of the crimes, demonstrating intent. For others, the department would have to combat defenses from Trump that he was exercising his free speech or relying on the advice of his counsel in pursuing novel legal strategies.<\/p>\n<p>\u201cI do not think that anybody can reasonably say that any of these charges against the former president \u2014 these four charges \u2014 are a slam dunk,\u201d Robbins said.<\/p>\n<p>The charges for inciting an insurrection, while among the weightiest, could also be the most difficult to prove.<\/p>\n<p>\u201cWhile there is a very formidable body of evidence pointing to guilt, that doesn\u2019t mean that the former president is naked \u2014 and I\u2019m sorry for the imagery \u2014 when it comes to a defense,\u201d he said.<\/p>\n<p>\u201cHis team will have formidable legal and factual arguments that he is essentially being charged for speech \u2026 Politicians use phrases like \u2018fight like hell,\u2019 all the time. Politicians urge their supporters to demonstrate all the time,\u201d he said.<\/p>\n<p>A 1969 Supreme Court decision protects speech other than that designed and likely to produce imminent lawless action.<\/p>\n<p>McQuade, however, said the committee framing could pass that bar, focusing not just on his fiery speech directing a mob toward the Capitol, but fanning the flames once violence was underway by firing off a tweet attacking Vice President Mike Pence.<\/p>\n<p>\u201cWhen he wrote those words, he knew exactly what he was doing. Before President Trump issued the tweet, a White House staffer cautioned him that the statement would imply that he \u2018had something to do with the events that happened at the Capitol\u2019\u2014but he tweeted it anyway,\u201d the panel wrote in their report.<\/p>\n<aside class=\"ad-unit ad-unit--mr5_ab\"><\/aside>\n<p>\u201cThe stroke of genius I thought, in the committee\u2019s referral, was to base it on that speech, but also on the tweet that Donald Trump sent at 2:24 p.m. where he said that Mike Pence lacked \u2018the courage\u2019 to do what was right,\u201d McQuade said, noting he sent the tweet after watching the violence unfold at the Capitol.<\/p>\n<p>\u201cI think it\u2019s that tweet \u2013 and they frame it not as inciting an insurrection, but as assisting in an insurrection \u2013 I think that tweet probably passes that [Supreme Court] bar,\u201d she added.<\/p>\n<p>But she said the Justice Department could hit roadblocks in proving intent, an element necessary for the conspiracy charges.<\/p>\n<p>\u201cIt requires that you knew what you were doing was wrong. The old George Costanza line: \u2018If you believe it, it\u2019s not a lie.\u2019 To what extent did Donald Trump believe these things and to what extent did he know it was all just a fraud and a lie? So all of those things have to be considered by the prosecutors in a way that the committee didn\u2019t have to deal with,\u201d McQuade said.<\/p>\n<aside class=\"ad-unit ad-unit--mr6_ab\"><\/aside>\n<p>But the committee stopped short of recommending seditious conspiracy charges for Trump or those in his orbit, even as DOJ has successfully pursued such charges against members of the far-right Oath Keepers militia and prepares for a similar case against members of the Proud Boys.<\/p>\n<p>The panel failed to fully tease out the ties between Trump, his associates, and members of the two extremist groups, even as some confidants like Roger Stone were connected with their leaders or relied on them for security.<\/p>\n<p>Also outstanding is whether the Justice Department will see fit to pursue any charges against the other Trump associates named in the report.<\/p>\n<p>McQuade said the transcripts alone \u2014 some of which have been released, others of which will be released in the coming days \u2014 could be a shortcut for the department, helping them determine any outstanding witnesses they may wish to speak with or prod for more information using DOJ leverage.<\/p>\n<aside class=\"ad-unit ad-unit--mr7_ab\"><\/aside>\n<p>But the public nature of the release could also inhibit the investigation too.<\/p>\n<p>\u201cNot only can DOJ see that witnesses said<strong>, <\/strong>so can\u00a0the rest of the world, and so it allows people to get their stories straight to say, \u2018What are the other witnesses saying about this? Oh, I better say the same thing,\u2019\u201d she said.<\/p>\n<p>\u201cOr it allows Trump and others to frame their messaging in certain ways to or just to discredit some of these witnesses that they knew said damaging things about them \u2026 So there\u2019s some downside to having all of this out there in addition to the upside that the Justice Department gets from this.\u201d<\/p>\n<p>Any action from the Justice Department could still be months away, with the agency only just beginning to get much of the information it requested the committee share.<\/p>\n<p>\u201cThe department, the special counsel, and their staff are already going very slow on this. The last thing that anybody wants to do in that department, in that special counsel\u2019s office, is to bring a prosecution of the former president and lose,\u201d Robbins said.<\/p>\n<\/div>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. Follow us on\u00a0<span style=\"color: #ff0000;\"><a style=\"color: #ff0000;\" href=\"https:\/\/news.google.com\/publications\/CAAqBwgKMLG0nwswvr63Aw\" target=\"_blank\" rel=\"nofollow noopener noreferrer\">Google News<\/a><\/span>\u00a0too, click on the star and choose us from your favorites.<\/span><\/strong><\/p><\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\">For forums sites go to <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/forum.buradabiliyorum.com\/\" target=\"_blank\" rel=\"noopener\">Forum.BuradaBiliyorum.Com<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\"><strong>If you want to read more <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/news\/\" data-internallinksmanager029f6b8e52c=\"2\" title=\"News\" target=\"_blank\" rel=\"noopener\">News<\/a> articles, you can visit our <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/en.buradabiliyorum.com\/news\/\" target=\"_blank\" rel=\"noopener\">News category.<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<p><span style=\"color: black;\"><a style=\"color: #ff9900;\" href=\"https:\/\/thehill.com\/homenews\/3786818-with-eyes-on-doj-a-complex-path-for-trump-jan-6-prosecution\/\" target=\"_blank\" rel=\"noopener\">Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>With eyes on DOJ, a complex path for Trump Jan. 6 prosecution The criminal referrals and report released by the Jan. 6 committee may not provide a clear-cut path to charges for Donald Trump. But they lay a road map for an investigative agency with the tools to compel cooperation and gather more evidence from&#8230;<\/p>\n","protected":false},"author":1,"featured_media":531023,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2022\/12\/31babc2569de4a889cace362ab4fe0ab.jpg?w=1280","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[134343,4941,134447,70610,80445,90482,137486,137675,134614,70514,134345],"class_list":["post-531022","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-campaign","tag-donald-trump","tag-energy-and-environment","tag-finance","tag-healthcare","tag-house","tag-january-6-committee","tag-jeffrey-clark","tag-judiciary","tag-justice-department","tag-state-watch"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/531022","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=531022"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/531022\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/531023"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=531022"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=531022"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=531022"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}