{"id":586387,"date":"2023-08-10T03:09:54","date_gmt":"2023-08-10T00:09:54","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/trump-indictment-sidesteps-key-details-unearthed-by-jan-6-panel\/"},"modified":"2023-08-10T03:09:54","modified_gmt":"2023-08-10T00:09:54","slug":"trump-indictment-sidesteps-key-details-unearthed-by-jan-6-panel","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/trump-indictment-sidesteps-key-details-unearthed-by-jan-6-panel\/","title":{"rendered":"#Trump indictment sidesteps key details unearthed by Jan. 6 panel"},"content":{"rendered":"<p><img decoding=\"async\" src=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/06\/trumpdonald_062423gn53_w.jpg?w=900\" \/><\/p>\n<div>\n<p>The sweeping indictment brought against Donald Trump in the Jan. 6 case touches on nearly every aspect of the former president\u2019s plot to stay in power.<\/p>\n<p>But a few\u00a0eye-catching\u00a0omissions in the high-profile case point to the complexities facing the Justice Department (DOJ), while raising questions about prosecutors\u2019 future plans to hold to account those involved with Trump\u2019s plans.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\"><\/aside>\n<p>\u201cThe main thing that sticks out isn\u2019t so much missing facts or missing charges, so much as the lack of co-defendants,\u201d said Josh Stanton, an attorney with Perry Law who helped write a model prosecution memo analyzing the case.<\/p>\n<p>\u201cThat is the most notable missing piece of this indictment.\u201d<\/p>\n<p>The indictment aligned closely with the report prepared by the House panel investigating the Jan. 6 attack on the Capitol, a high-level review of evidence laid out over the course of months of hearings, a format that allowed the public to hear directly from some witnesses.\u00a0\u00a0<\/p>\n<p>However some conduct and testimony exposed by the congressional panel doesn\u2019t feature prominently in the indictment.<\/p>\n<p>\u201cIt\u2019s only a 45-page summary, and obviously, the committee report was over 800 pages,\u201d said Tom Joscelyn, a principal author of the panel\u2019s report, who noted the indictment captures the Trump campaign effort to overturn the election \u201cat every point they could.\u201d<\/p>\n<p>\u201cThey don\u2019t have to put everything in the indictment. That\u2019s just the summary of the case.\u201d\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\"><\/aside>\n<p>When it comes to whom to hold responsible for the attack, the indictment likewise hews closely to the panel\u2019s recommendations.\u00a0<\/p>\n<p>Trump\u2019s indictment lists six co-conspirators in the effort to block the transition of power after the 2020 election, whose roles were largely highlighted by the committee, such as then-Trump attorney Rudy Giuliani and John Eastman, who drafted the memo laying out a plan for then-Vice President Mike Pence to buck his ceremonial duty to certify the election results.<\/p>\n<p>But none of them have been charged yet, and while the list was expected to include just a fraction of those involved, there are notable exclusions.<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\"><\/aside>\n<p>The indictment makes few references to Trump\u2019s chief of staff Mark Meadows, who was involved in numerous aspects of Trump\u2019s plan, or nods to the lawmakers who routinely coordinated with the White House on various methods for fighting President Biden\u2019s victory.<\/p>\n<p>Meadows was a central figure in coordinating with lawmakers, as well as a participant in the campaign to pressure Justice Department officials to open investigations into baseless claims of election fraud.<\/p>\n<p>\u201cHe\u2019s maybe the highest-level omission from the indictment\u00a0that<strong>\u00a0<\/strong>could have been included. But I would note there\u2019s likely dozens of other people that could have been included as potential unnamed co-conspirators,\u201d said Stanton.<\/p>\n<aside class=\"ad-unit ad-unit--mr4_ab\"><\/aside>\n<p>\u201cThis could have been an indictment that named 30-plus people, so there was some paring that had to h<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>en in order to focus on just Trump.\u201d<\/p>\n<p>Meadows\u2019s absence from the indictment has fueled speculation that he may be cooperating with DOJ in the matter.<\/p>\n<p>George Terwilliger, Meadow\u2019s attorney, did not respond to a request for comment.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr5_ab\"><\/aside>\n<p>\u201cIf Mark Meadows is a cooperating witness, you\u2019re not going to necessarily reveal that in a speaking indictment. Because there\u2019s also a strategy in supporting the charges with evidence that is already known and holding back key evidence for trial,\u201d Soumya Dayananda, a senior investigator for the House Jan. 6 committee and an attorney now in private practice, told The Hill.<\/p>\n<p>Also given little thought in the indictment are the lawmakers with whom Meadows coordinated, with the chief at one point writing after a meeting with Trump and GOP members of Congress that they were \u201cpreparing to fight back,\u201d citing false claims of voter fraud.<\/p>\n<p>Dayananda said the committee was not able to glean as much information about lawmaker involvement as it would have liked, pointing to lawmakers who rebuffed subpoenas issued by the panel.<\/p>\n<aside class=\"ad-unit ad-unit--mr6_ab\"><\/aside>\n<p>The indictment does mention efforts of Trump associates to reach lawmakers on Jan. 6, but she said there\u2019s a difference in being solicited by the team versus acting as a vital co-conspirator.<\/p>\n<p>\u201cIt may be that evidence didn\u2019t reveal a criminal intent to enter in any of the schemes, but rather that they intended to take advantage of a political situation to their benefit,\u201d Dayananda said.<\/p>\n<p>Stanton agreed, saying lawmakers would likely be able to push back on potential charges citing the Speech and Debate Clause as a defense, which protects members of Congress from being questioned about many of their activities outside that branch.<\/p>\n<aside class=\"ad-unit ad-unit--mr7_ab\"><\/aside>\n<p>\u00a0\u201cAbsent the Speech or Debate Clause, they would be very much at risk of prosecution for obstruction of an official proceeding or conspiracy to obstruct an official proceeding. But the Speech or Debate Clause casts a fairly wide net, and there\u2019s a pretty good argument it would \u2026 protect here,\u201d he said.<\/p>\n<p>Joscelyn, now a fellow at the Reiss Center on Law and Security at the NYU School of Law,\u00a0said its possible lawmakers\u2019 activity could feature more heavily in any other indictments the special counsel might bring.<\/p>\n<p>He pointed to the search warrant executed on Rep. Scott Perry (R-Pa.), who introduced Trump to former DOJ attorney Jeffrey Clark, one of the co-conspirators listed in the indictment and\u00a0whom\u00a0Trump mulled installing as attorney <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/general\/\" data-internallinksmanager029f6b8e52c=\"3\" title=\"General\" target=\"_blank\" rel=\"noopener\">general<\/a>.<\/p>\n<p>\u201cWe know that [Smith] was investigating Congressman Scott Perry\u2019s role with trying to install Jeffrey Clark as the acting Attorney General, and we don\u2019t know where that came out. It may be that that is something that if there\u2019s a subsequent indictment of Jeffrey Clark, maybe Perry played a role in that \u2014 who knows,\u201d Joscelyn said.<\/p>\n<p>The Justice Department also chose not to pursue any charges under the Insurrection Act, avoiding the rarely used charges that could have s<a href=\"https:\/\/buradabiliyorum.com\/en\/category\/trip-and-travel\/\" data-internallinksmanager029f6b8e52c=\"10\" title=\"Trip &amp; Travel\" target=\"_blank\" rel=\"noopener\">trip<\/a>ped Trump\u2019s right to run for office even as he argues the broader prosecution is an effort to hinder his electoral prospects.<\/p>\n<p>\u201cIt may well have been prudent for Smith not to pursue those charges because of the relatively spare history of such charges having been brought. Nonetheless, if you don\u2019t bring insurrection charges in this type of case, it\u2019s not clear that you can ever bring such charges,\u201d Stanton said.<\/p>\n<p>\u201cThe charges they pursued are run-of-the-mill charges including the deprivation of rights charge, which is less common than the other two, but one that has been brought on numerous occasions for election fraud type cases. So there are no novel legal theories here. It\u2019s a relatively straightforward set of facts, [and] relatively straightforward legal case.\u201d\u00a0<\/p>\n<p>Dayananda described it as a \u201ccarefully drafted indictment\u201d from a DOJ that likely pursued only the charges where it could make the strongest case.<\/p>\n<p>\u201cI think that the charges adequately reflect the former president\u2019s conduct and can be proven beyond a reasonable doubt,\u201d she said.<\/p>\n<p>\u201cI think it\u2019s fair in how they phrased it in the indictment, that the former president \u2018exploited\u2019 the violence. But inciting the violence is a different state of mind, which again requires evidence of intent beyond a reasonable doubt. If there wasn\u2019t sufficient evidence, it shouldn\u2019t be charged.\u201d<\/p>\n<p>Joscelyn said the strength of DOJ\u2019s case \u2014 and the rationale behind some of its strategies \u2014 will come into sharper focus in an eventual trial, where the court might hear from Meadows or even Pence.<\/p>\n<p>\u201cThere are some new details here and there that I think strengthen the case, especially when it comes to presenting in front of the jury,\u201d he said, pointing to the inclusion of notes from Pence the committee never had.\u00a0<\/p>\n<\/div>\n<p>Copyright 2023 Nexstar <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/social-mediaa\/\" data-internallinksmanager029f6b8e52c=\"1\" title=\"Social Media\" target=\"_blank\" rel=\"noopener\">Media<\/a> Inc. All rights reserved. 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But a few\u00a0eye-catching\u00a0omissions in the high-profile case point to the complexities facing the Justice Department (DOJ), while raising questions about prosecutors\u2019 future plans to hold to account those involved&#8230;<\/p>\n","protected":false},"author":1,"featured_media":586388,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/06\/trumpdonald_062423gn53_w.jpg?w=1280","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[117,139252,134343,134353,139529,124783,137675,138988,70514,134654,28962,70631,103939,134345,141607],"class_list":["post-586387","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-business","tag-business-economy","tag-campaign","tag-court-battles","tag-defense-national-security","tag-international","tag-jeffrey-clark","tag-john-eastman","tag-justice-department","tag-mark-meadows","tag-mike-pence","tag-rudy-giuliani","tag-scott-perry","tag-state-watch","tag-trump-indictment"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/586387","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=586387"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/586387\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/586388"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=586387"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=586387"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=586387"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}