Home Trump How I Would, Or Would Not, Prosecute Trump for Jan 6

How I Would, Or Would Not, Prosecute Trump for Jan 6

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by Mary W Maxwell , LLB    

Moments ago, the MSM released some information about the criminal referrals that Congress sent to the DOJ concerning Trump and Jan 6. I had already written this article days ago, without access to that news, but I shan’t change it other than to add a postscript.

In this article, I pretend I am a prosecutor in the Department of Justice and have been handed the Report of the Congressional Committee.  That committee has recommended prosecution of the former US president. Well, goody for them.

The Fifth Amendment says:

“No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury….”

Will the work of the Pelosi-Schiff committee suffice to meet that requirement?  I suppose so. Members of Congress ought to be as capable as a 23-layperson grand jury to carry out an investigation, and decide if charging the person with crime is warranted. 

Deciding To Prosecute or Not

Anyway, I, as Prosecutor, am not bound by Congress’s referral. I could drop the entire matter, I could gather a new grand jury, or I could now charge Donald Trump with one or more crimes as I see fit.

People will ask me to explain which of those three choices I make, so I better have something to say here about the quality of the Committee’s report, its honesty, and whether I reckon it is a strictly political move by one Party against another.

Judging by the disproportion of Democrat reps chosen by Madam Speaker to participate in the hearings, it looks political.  Also, on many occasions during the televised hearings, we heard committee members state as fact some things that are only opinions or speculation. As a prosecutor, I deduce that the demeaning tone used, when some witnesses spoke about Trump, was part of a smear. Granted, that does not automatically disqualify information provided by such a witness.

From what we know of the referral so far, I am inclined to judge the report as unsuitable for use, or at least insufficiently complete for use as a substitute for a grand jury. The task of a grand jury is to decide if there is enough evidence to justify trying a suspect.  The committee, led by Rep Adam Schiff of California, neglected to go down several crucial paths.

For example, they did not call Rep Pelosi to testify as to why she turned down Trump’s request for Congress to authorize National Guard assistance. No effort was expended on the question of who instructed the Capital Police at the door to let people in, almost with a welcome. They did not subpoena the media to testify how it made the mistake of saying five people were killed when it was only one. And did they ask for medical reports of policemen’s injuries?

Vitally, nothing was done to eliminate the possibility that some of the invaders were agents provocateurs whose mission was to create a scene that would incriminate Trump, or that would present to the people a tragic sign of the collapse of democracy.

Incitement

As the prosecutor, I must attend carefully to the word “insurrection” that is being bandied about. Was there an insurrection that day? The law, which was passed in 1948, is codified at 18 USC 2383. It says:

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”

Before I would seek to learn who incited or engaged in rebellion or insurrection, I would have to find out if any rebellion or insurrection took place — even though I am not being asked to prosecute anyone other than Donald Trump for this crime.

If I find that he appears to have incited a rebellion or insurrection, i believe I would be able to charge him with incitement even if his hoped-for rebellion did not eventuate. In general, when someone is charged with conspiracy to commit a crime, there needs to be some action by one of the conspirators. The crime of incitement, however, is not a crime of conspiracy.

(Congress says it plans to refer Trump criminally for conspiracy also. I’ll wait to look at what evidence they have for this. He may have had conversations that are recorded, or he may have emailed someone with a plan for violence on Jan 6 that can be construed as conspiracy.)

In regard to incitement, Congress wants to make the case that Trump urged violence. There are videos of Trump at a microphone around 1pm on Jan6 telling the crowd that they should walk to the Capitol. So, since the potential charge is “incitement to rebellion,” I need to know what manner of rebellion is implied?

Does Trump mean a sort of moral/intellectual rebellion whereby folks just assemble en masse to show their judgement of condemnation of election theft? If so, I believe there is enough activity of that sort in America’s history that accepts such action as patriotic not criminal. Of course, if Trump meant that people should go in and HURT any occupant of the Capitol, that would qualify as a crime of incitement to violence, but not necessarily to rebelllion.

There is precedent for labelling “treason” any physical attack on law enforcement personnel, dating back to the Whiskey Rebellion (a violent protest against a tax on whiskey) in Pennsylvania in 1792, but Congress does not recommend a charge of treason here. Rather the event of Jan 6 is to be seen as an “insurrection against the authority of the United States or the laws thereof.”

The Opening of the Ballots

But here the message is very muddled. It is being held that the protestors wanted to act against just one particular authoritative decision by the United States, namely that Joe Biden won the 2020 election. That is not the same as a rebellion to overthrow the government but rather to insist that A rather than B is the genuinely elected president. It happens; on at least one occasion in history the Catholic church had two conflicting popes!

Such a conflict needs to be sorted out itself. A case can be made that the voting, although it may have been false counted in six states, nevertheless passed legal muster, given that the rules of 15 USC 2 were followed. Six Congressmen stood up to challenge the count on the day it occurred, for the states of AZ, GA, MI, NV, PA, and WI. Only two of those had a senator co-signing so those went to both chambers for a vote.

The best one — regarding Pennsylvania — came back with 138 ayes (that is, to dump Pennsylvania’s 20 electoral ballots) to 282 nays in the House, and only 7-92 in the Senate. The other — Arizona — worth 11 electoral ballots, resulted in121-303 in the House and 6-93 in the Senate.

Had all six challenges succeeded, 79 of the ballots for Biden would have been dropped, leaving him with 223 (instead of his 302) and Trump with the winning number of 232. (A win by 9 votes.)

What Did Trump Expect of Pence?

It appears that Trump had urged Vice President Pence to “do right by him” as the presider over the opening of the ballots. But there is no law allowing the vice president to do so. Trump is on record saying that “Pence didn’t have the courage.”

I agree that if Trump asked Pence to do something other than preside properly over the ballot opening ceremony, he, Trump, acted wrongly and foolishly. But that is not a crime. If, however, he planned for Pence to be beaten up — or even if instructed the invaders to scare Pence — that would be the crime of assault, at least. One would hope Trump’s supporters, after such a crime, would stop supporting him.

Unless other material comes to light to show that Trump did indeed instruct anyone to scare Pence or to perform any violence I, as prosecutor, will dismiss this part of the referral. Instead, I will belatedly open a criminal investigation into the 2020 election, to whatever extent there is authority in the Doj’s portfolio to do so.

I can also examine whether the Jan 6, 2021 invasion of the Capitol was a set-up, by persons other than Trump. The melee has harmed America’s reputation and harmed the American people’s faith in their nation. By increasing Americans’ inter-Party hostility, it tends to block good legislation. It distracts greatly from more pressing concerns.

Many of the participants need to be punished, if they were there as part of a set-up. Any who were wrongly punished thus far should be compensated. The fact that any were kept in solitary confinement looks like dressing up the story to make it all seem worse than it was.

If Adam Schiff, or any other members of Congress’ “select committee” took part in deceit, they can be expelled now by a 2/3 vote in their own chamber, per Article I, section 5 of the Constitution. Liz Chenery is already out of Congress. All of them could face criminal charges, as could any section of the FBI that committed violence while disguised as rioters.

We Americans are sick of being treated like playthings or subjects for psy-ops. Let the Jan 6 fandangle stand as the Grand Finale of that sort of nonsense.

Amen.

Postscript. Unexpectedly, the Jan 6 committee referred Trump for a section of the law that I neglected. Namely they say he gave aid and comfort.  Recall the wording:

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, …

If I later see any aspect that would change my foregoing analysis of the case, I will supply an update, Insh’allah.

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30 COMMENTS

  1. not a good article, this is as creepy as a Rohn Dale, and i don’t even read(school made us read willywonker, catcher in the rye etc,

    Simon, back in the day said of Pence, seems like he is hanging around like a Gaul here 2016ish. don’t vindicate Trump salivating on miss teen America via lil saint james or neck her island.

    flares for the machine, how do you deal with that, spoiler, you can not, remember u are a walking decryption machine

    • Simon, I should have been clearer about what I am doing here. I am not attempting to exonerate Trumpie Boy. I am preempting the garbage the DOJ is likely to produce — after all they did it to Martin Bryant, Jahar, etc. No US AG will ever speak honestly or even coherently. I AIM TO REVEAL THAT.

      The above article aims to show what the real legal qq are here. The elements of the crime so to speak.

      I am also interested, as always, in the “creation of distractions.” Was just reading in a book by Whitney Webb, that the 1990 Desert Sheild stuff (Kuwait) was to take eyes off the Savings and Loan scandal (I say also the Iran-Contra drug thing.) Fathom it. And remember when Maggie did the Falklands thing?

      Please reformulate your challenge. Or agree that you are simply anti-Trump. You may recall the Wendy Hoffman revelation about him as a 19-yr-old.

      I love the law and will not agree that it has disppeared.

      • i’m anti trump, pretty much anti everything, being an anti convax.

        Trump, who is his daddy, some real estate that has a due by(like, i did with MIT anyways) who’s Trumps sister(check u know who’s court this is) and uncle(mit, on ur6)

        blah blah blah , I’m pro shoes here, therefore pro you, and thankyou(learning not to be abrasive), not goig well wink

        • There are no abrasion restrictions here as far as I can tell. I find you extra-polite. Let it out, man! I am way too inhibited myself.

        • its a comment section

          Whitney Webb, maybe B O’Connell, just don’t chime, but u do

          as a fullback, i will chime on my flankers, u know push forward, take the heat/slack for ours/u know

          • I am spooked that u mention Whitney Webb as i am reading her book at this very moment. Lots about Epstein’s big complex enterprise. Worth the $24.95.

          • OK, I just got unspooked when I realized i mentioned Whitney in a comment yesterday. You’re off the hook, Simon. I had wondered if you’re hacking my brain.

            Not that anyone needs to hack it, as I do a regular outspewing of what’s in thar.

  2. Simon ponders:

    Do I love the law, not sure, but I know I love u all’s. we are not law but we r , deal with that alleged chattel owner

    think i’m on time delay, I think u bad guys are on the ropes, u could always come across(hard path, beware a declaration after all this i will not make this easy henceforth).

  3. The latest 30/12 at
    X22report.com provides a opinion on how such a prosecution would lead to discovery in the proceedings and unclassified material from Trump being disclosed that would stuff the Democrats⚖️⚖️💁🤡🤡
    Bet is they may start just for propaganda and then somehow stop before the discovery.
    Heaps of fun with Musk Twitter files being ignored by the msm who have been complicit in the CORRUPTION …. If we did not already know.
    The sting TRAP IS BEINg SPRUNG.
    SELL THE FAKE ABC.

  4. Mary
    I skimmed your prosecution case
    One problem appears to me as a casual prosecutor.
    EVIDENCE!
    Just listen to the X22Report and identify the evidence that can be used to prosecute ALL THE TRAITORS IN A US MILITARY TRIBUNAL,
    To save so much intellectual analysis and time, you should be able to opine, for the layperson, on the Brunson v Adams case filed in the USSC with a few paragraphs.
    BTW, you will be delightfully encouraged by the four words at the close of the x22 report cited in the comment above.
    All fun.

  5. Here we vote with pencils and the baton gets passed from lie to bore.
    Don’t know about the states, here main party is Serco and most haven’t even heard of them, yet they’ve built all detention centres and control everything and everyone.

    “If voting made any difference they wouldn’t let us do it.” – Mark Twain

    • Inasmuch as Aus premiers are considered immune from prosecution or impeachment there’s no comparison to the U.S: the similarity between the two nations is only superficial

  6. Fauci predicted there would be a “surprise disease outbreak” during Trump’s administration. His memo obviously sent from NWO head orifice.
    The problem is everything is controlled by a handful of plutocrats, who are in possession of trillions $ stolen.

    Trump is a complex individual. Who knows where he stands spiritually? His wealth is everything a man could want, and there may not be much to buy him with.

    The 2 trillion $ bailout went to hidden hands, with only a fraction to Americans in need.
    He may be a pawn? Ideally, he shouldn’t have imposed lockdown, because he knew it was a hoax. Was he forced by those above him, who would have crushed him for not obeying?

    Trump is the meat in the sandwich, and has a battle on his hands if he is truly fighting for the people.
    He is surrounded by masons and zionists, as are his children.
    Nothing happens by accident, our oppressors thumb their noses at those who’ve worked it out, broadcasting “what are you going to do about it, you slave.”

  7. Just searched G666gle for kerryn phelps 9msn & yahoo7 and turned up nothing ?!?
    What happened to the usual 999,000 results ?
    However looking for “Trump tax returns” filtering for “news” I see all the left-wing (communist) outlets are going nuts !!!
    Trump: “Oh please don’t throw me in the briar patch”
    Unselect committee starring Shifty Schiff, Crazy Nancy and the creature from the junkyard, Liz Cheney, not wanted by the Republican Party, not wanted by Wyoming, not wanted by just about anyone outside of the murderous Cheney empire.
    Trump: “Oh please don’t throw me in the briar patch”
    It’s fun collecting evidence and “doing them slowly”, I do it myself when it suits.
    Trump must have protection or he’d be dead.

  8. I try to weave a a cloth to paint a picture upon that makes sense and is clear.
    It is hard work and time consuming, so many threads and a huge canvass using up gallons of paint with a tiny brush with overseers intermeddling with a pallet of varying hues to apply.
    Bloody hard to stand back and try to figure out what I have.
    Oh well, it is more interesting than reading a novel, here we have no pages to flip through to the last and go to bed.
    One colour that becomes prominent is financial RED.
    Listen to latest from Jim Willie at his golden jack house site (I do not subscribe) when he turns up often at beforeitsnews.com people powered news.
    He provides a lot of red paint for my canvass with a broad brush.
    Try his latest.
    He opines on evidentiary GLOBAL BANKING, FINANCIAL FACTS AND MANIPULATIONS, not obfuscating with BS philosophical conjectures and legal dreams.

  9. Good King Wenceslas looked out On the Feast of Stephen Where the snow lay ’round about, Deep and crisp and even. Brightly shone the moon that night, Though the frost was cruel, When a poor man came in sight Gathering winter fuel.

    “Hither, page, and stand by me If thou know’st it, telling, Yonder peasant, who is he? Where and what his dwelling?” “Sire, he lives a good league, hence Underneath the mountain Right beside the forest fence By Saint Agnes’ fountain”

  10. Handfuls of Dust and Splinters of Bone, Part 5
    Charles Eisenstein
    Doublethink and the Subjugation of Reality

    https://charleseisenstein.substack.com/p/handfuls-of-dust-and-splinters-of-71b?publication_id=427455&post_id=92111182&isFreemail=true

    “…………..Here’s Orwell:

    To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient, and then, when it becomes necessary again, to draw it back from oblivion for just so long as it is needed, to deny the existence of objective reality and all the while to take account of the reality which one denies—all this is indispensably necessary.

    And,

    To know and not to know, to be conscious of complete truthfulness while telling carefully constructed lies, to hold simultaneously two opinions which canceled out, knowing them to be contradictory and believing in both of them, to use logic against logic, to repudiate morality while laying claim to it.... and above all, to apply the same process to the process itself—that was the ultimate subtlety: consciously to induce unconsciousness, and then, once again, to become unconscious of the act of hypnosis you had just performed. Even to understand the word "doublethink" involved the use of doublethink..........."

  11. Is Trump the Anti Christ?

    https://odysee.com/@LoveandDivision:9/Trump-the-Anti-Christ-2022:c

    For those who stillbelieve in Trump.

    https://healthimpactnews.com/2021/is-all-hope-lost-for-those-who-still-believe-in-trump/

    “I am republishing this commentary from Gary D. Barnett, because he presents some facts about President Trump from 2019 that need to be recorded here at Health Impact News, since I have not covered this in the past…………..”

  12. The Political Phenomenon That Is Trump Worship: Asinine and Imbecilic

    https://www.garydbarnett.com/the-political-phenomenon-that-is-trump-worship-asinine-and-imbecilic/

    “…………Trump also has touted universal ‘vaccination’ for all, and his Operation Warp Speed was meant to fast tract an experimental injection, and he even deployed the military in order to hopefully deliver this poison nationwide with military involvement. To this day, he is still supporting this deadly experimental jab for everyone.

    As a setup to the possibility of exactly this type of situation, Trump signed in September of 2019, just one month after his simulation, and a few months before the manufactured ‘Covid pandemic, Executive Order #13887 called: “Modernizing Influenza Vaccines in the United States to Promote National Security and Public Health.” The Task force was co-chaired by the Secretary of Defense and the Secretary of Health and Human Services, and their designees, which included:

    ~ The Department of Defense;

    ~ The Department of Justice;

    ~ The Department of Agriculture;

    ~ The Department of Veteran’s Affairs;

    ~ The Department of Homeland Security

    ~ The United States Food and Drug Administration;

    ~ The Centers for Disease Control and Prevention (CDC);

    ~ The National Institute of Health (NIH);

    ~ The Centers for Medicare and Medicaid Services (CMS); and

    ~ The Biomedical Advanced Research and Development authority (BARDA)

    One reading of this order is enough to fully understand that Trump was heavily involved in this scam long before it was implemented, just as described by his administration, and his signing of this order allowing everything that has happened to take place ‘legally.’ His participation all along in this planned terror is obvious, but it did not end there……………..”

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