Where is Attorney General Merrick Garland? Will he ever indict Donald Trump for his efforts to delegitimize the 2020 Presidential election? These questions have been circulating for most of the past year, and the calls for patience and trust are waning.
The January 6th Committee has released a new court filing, focused on attorney John Eastman, the author of a memo describing how Trump could potentially pull off overturning the election. Though the filing is in Eastman’s case — a response to his effort to shield evidence from the Committee — the actions of Donald Trump come into it extensively.
An excerpt from the filing follows. The full document (PDF) is here.
The evidence detailed above provides, at minimum, a good-faith basis for concluding that President Trump has violated section 18 U.S.C. § 1512(c)(2). The elements of the offense under 1512(c)(2) are: (1) the defendant obstructed, influenced or impeded, or attempted to obstruct, influence or impede, (2) an official proceeding of the United States, and (3) that the defendant did so corruptly.
The immediate question raised is, with this evidence in hand, why isn’t Trump being charged, or at least criminally investigated?
Daniel Goldman, attorney and legal analyst who served as counsel for the House Democrats in Trump’s first impeachment trial, questioned Wednesday why there are no signs of a Department of Justice investigation.
Law Professor Laurence Tribe has some guesses — perhaps Garland is concerned with the burden of proving criminal intent, if Trump genuinely believes his own Big Lie.
Maybe Garland is making the mistake of concluding it’d be too hard to prove criminal intent because Trump really THOUGHT he had won. But that’d be wrong. At most, Trump couldn’t imagine legitimately losing to Biden. But being an egomaniac isn’t a defense a jury wd or shd accept. https://t.co/65ImQEVa5JSee Also
— Laurence Tribe (@tribelaw) March 3, 2022
But, Tribe concludes, that would be a mistake — because “being an egomaniac isn’t a defense a jury [would] or [should] accept.”
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Steph Bazzle reports on social issues and religion for Hill Reporter. She focuses on stories that speak to everyone's right to practice what they believe in and receive the support of their communities and government officials. You can reach her at Steph@HillReporter.com