Latest Trump indictment is weak.
The latest indictment unsealed by Jack Smith makes a great article of impeachment against Donald Trump, but as a criminal indictment it is weak.
Special Counsel Jack Smith unsealed a third indictment of former President Donald Trump on Tuesday afternoon related to Trump's conduct leading up to the riot at the U.S. Capitol on January 6, 2021, that delayed Congress counting the electoral votes for the 2020 presidential election.
The indictment includes four charges:
Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States)
Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding)
Count 3: 18 U.S.C. § 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding)
Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)
The indictment focuses on four aspects of Trump's "Stop the Steal" campaign following the 2020 presidential election.
Attemps to pressure state offiicals to change their state's election results (in Arizona, Michigan, Georgia, Pennsylvania, and Wisconsin)
Organizing "fake" slates of electors
Attempting to use the Department of Justice to pressure state officials to change their state's election results
Pressuring Vice President Mike Pence to refuse to certify the electoral college vote count.
I read through the 45-page indictment, and I believe it would have made an excellent article of impeachment in Trump's second impeachment. This is the case that should have been made. If even part of this indictment is true, it is disqualifying.
Smith paints a picture that no rational person could believe the claims that there was outcome-determinative election fraud in Arizona, Michigan, Georgia, Pennsylvania, and Wisconsin. He included testimony that even President Trump called one theory about the voting machines in Georgia "crazy," but later backed.
The fact that his criticism based on false conspiracies about the election of state officials led to death threats being made is abhorrant. The pressure he placed on Georgia Secretary of State Brad Raffensperger and former Vice President Pence is infuriating.
Even his own campaign team questioned the strategy. Smith quotes a Trump campaign senior advisor addressing claims about ballot stuffing in the State Farm Arena in Atlanta, Georgia, said, "When our research and campaign legal team can't back up any of the claims made by our Elite Strike Force Legal Team, you can see why we're 0-32 on our cases. I'll obviously hustle to help on all fronts, but it's tough to own any of this when it's all just conspiracy shit beamed down from the mothership."
All of that said, I have concerns about this indictment.
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