President Trump
Donald TrumpMcConnell discloses procedures for Trump’s second impeachment trial Trump in the Senate suggests building his own platform after Twitter ban Poll: 18 percent of Republicans support Capitol riots MORE faces new legal risks because of his comments at a rally on Wednesday that prompted a mob attack on the US Capitol that left five dead, including a police officer.
The Department of Justice (DOJ) announced charges this week against 55 people for their alleged involvement in the deadly violation of the Capitol.
And while law enforcement officials said it was unlikely that Trump would be indicted for his comments at the rally that immediately preceded the insurrection, a new leadership will take over the DOJ on January 20, and some legal experts say there is a legitimate case to be made. of Trump on Wednesday reaches the level of incitement to crime.
“The president needs to be investigated and has real potential criminal liability for incitement for essentially inciting people, motivating people to go there and commit these crimes,” said CNN legal analyst and former prosecutor Elie Honig.
“It is not an easy case to make,” he added. “But if you look at his words, if you look at the language he used, the way he not only urged people to do it, but applauded them after they did it, while they were doing it, it suggests that he knew exactly what to do. where it was leading them. ”
An initial test for the Biden government will be whether the DOJ will choose to follow any of the various investigative lines that led to Trump, or whether it will choose to turn the page on the Trump era and get around the political baggage that can come when suing a former president.
Some Democrats, for their part, are unlikely to forgive Trump for his role in the first massive breach of the United States Capitol since the War of 1812. Nor will they forget the former special attorney. Robert Mueller
Robert (Bob) MuellerWhy special advice is warranted if Biden chooses Yates, Cuomo or Jones as AG Barr hires a lawyer investigating the origins of the investigation in Russia as CNN’s special lawyer Toobin warns that McCabe is in ‘dangerous condition’ with the encouraged Trump MOREThe only apparent reason for not accusing Trump of criminally obstructing his investigation in Russia was that DOJ policy prohibits indicting an incumbent president, but does not impose such restrictions on prosecuting former presidents.
President-elect Joe Biden
Judge Joe BidenUS blocks the Trump administration’s restrictions on asylum eligibility McConnell discloses procedures for a second impeachment trial in the Trump Senate top Trump official ending and reissues a resignation letter to say the exit is in protest MORE he said several times during the 2020 presidential campaign that it would be up to his attorney general to decide whether to sue Trump, but he hasn’t addressed the issue since Wednesday’s crowd attack on Capitol Hill.
On Thursday, Biden announced that Merrick Garland
Merrick’s Morning Report Brian GarlandThe Hill – Trump finally admits; The pressure of Amendment 25 increases Garland vows to fight “violent extremism”, as Attorney General Biden says there are two weights and two measures in treating the Capitol crowd, BLM MORE protesters it would be your attorney general. Garland, a federal appeals judge whose appointment to the Supreme Court under former President Obama was blocked by Senate Republicans, made his name while overseeing the Oklahoma City bombing accusation in 1995.
Garland has given no indication as to the likelihood of Trump being sued when he takes over as DOJ, but some legal experts say the chances are low.
One variable in throwing out Trump’s potential legal exposure is the possibility that he seeks to forgive himself before leaving office. This scenario has long been a topic of speculation, but questions about the unprecedented movement have intensified after this week’s violence on Capitol Hill.
Presidential pardon has never been attempted and its legality remains an open question. The general consensus among most experts, however, is that such a maneuver would be illegal.
A clearer legal rule that addresses the scope of a president’s pardoning power is that immunity extends only to federal crimes, not violations of state criminal statutes.
A District of Columbia lawmaker, Councilor Robert White, called on DC Attorney General Karl Racine this week to assess whether filing criminal charges against Trump in DC would be justified. DC law makes it a crime to “deliberately incite or urge others to get involved in a riot,” and violations are punishable by up to six months in prison.
A spokesman for Racine told the DCist news agency that his office was analyzing White’s inquiry, and Racine, in a television interview, kept the possibility of prosecuting the charges open.
Trump also faces the prospect of civil and criminal liability in New York.
Manhattan district attorney Cyrus Vance (D) sought for more than a year to obtain eight years of Trump tax records. Vance’s office is reviewing payments to silence two women who claim to have had affairs with Trump, including adult film star Stormy Daniels. Former Trump attorney and broker, Michael Cohen
Michael Dean CohenThe silver lining of the Trump presidency? Federal judge: ‘It’s not surprising that a criminal like Trump forgives other criminals’ Michael Cohen predicts that people forgiven by Trump can testify against him MORE, who pleaded guilty to bank fraud, tax fraud and campaign law violations, said payments were made to influence the outcome of the 2016 presidential election.
Vance’s office has hinted that his subpoena for Trump’s financial records is part of an investigation into “possibly extensive and protracted criminal conduct in the Trump Organization”, including potential allegations of fraud detailed in media reports in recent years.
In addition, New York attorney general Letitia James (D) is investigating whether the Trump Organization, of which Trump is executive vice president, has illegally inflated its assets to obtain tax incentives and attract investors.
At the federal level, requests for the removal of Trump under the 25th Amendment to the Constitution are growing. Democrats are also expected to present impeachment articles as early as next week.
While some of his critics may be happy to seek these political remedies, others are unlikely to give up his pressure on his accusation.
“Accuse him again,” wrote national security attorney Brad Moss on Twitter, “and accuse him for conspiracy to incite a riot and sedition.”