That possibility is increasing, some ex-federal prosecutors believe.
There are at least three separate paths to charging Trump with crimes for trying to overthrow the 2020 election: The House Jan. 6 committee’s investigation of a seditious conspiracy culminating in the Capitol riot, its investigation of the fake electors scheme, and the Atlanta D.A.’s investigation of his efforts to pressure Georgia’s secretary of state to “find more votes.”
“These federal and state investigations could gain momentum given the House panel’s allegations that Trump and his campaign engaged in a criminal conspiracy to block Biden from taking office,” the Guardian says (read story here), referring to an allegation made by the committee’s lawyers in court filings last week.
Media reports have tended to focus on Trump’s efforts to pressure Pence to reject the electoral votes of several states, ensuring that no candidate had a majority, and triggering a procedure in the Constitution that would enable House Republicans to select the president. That scheme was based on the preposterous notion that Pence, as vice president, had discretion to reject or replace certified electors.
Last week, the House committee unearthed an email in which John Eastman, a Trump lawyer who promoted that scheme, admitted to Pence’s chief legal counsel that it was illegal — but pressed Pence to do it anyway.
But even if it’s obvious Trump broke laws, there are many obstacles to convicting him, not least finding an impartial jury. But that shouldn’t place him above the law. Prosecutors should follow the facts wherever they lead, and charge or not charge accordingly.
If black people can be prosecuted for trying to vote while ineligible, then Trump can be prosecuted for trying to subvert an entire election.