TRUMP CAN BE INDICTED ON FEDERAL, STATE AND DC LAWS: LAW EXPERT
Marjorie Cohn, professor emerita at Thomas Jefferson School of Law and former president of the National Lawyers Guild (NLG), says defeated US President Donald Trump could be indicted under federal, state and DC Laws for instigating and planning the attack on the US Capitol on Jan. 6.
“One way or another, Trump should be removed from office and prevented from running for president again in 2024. He must be criminally charged to ensure accountability and prevent impunity for his egregious crimes to deter future presidential lawbreaking,” Cohn wrote in an analysis for Raw Story.
After January 20, Trump will no longer be shielded by the Department of Justice policy that a sitting president cannot be indicted. There is overwhelming evidence that Trump committed several crimes, Cohn argued, and said he violated 18 U.S.C. sec. 2383, which prohibits incitement of rebellion or insurrection.
It provides for 10 years in prison for anyone who “incites … any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto.”
If convicted of this crime, Trump “shall be incapable of holding any office under the United States.”
The evidence cited in the article of impeachment also supports a criminal charge of inciting rebellion or insurrection against Trump. Trump also committed seditious conspiracy in violation of 18 U.S.C. sec. 2384, by conspiring “to oppose by force the authority [of the government],” and “by force to prevent, hinder, or delay the execution of any law of the United States.”
Seditious conspiracy carries a 20-year prison sentence, Cohn revealed.
Legal grounds also exist for charging Trump in Georgia for having solicited Georgia Secretary of State Brad Raffensperger to commit election fraud. In a January 2 phone call, Trump bullied the Georgia secretary of state to “find” 11,780 votes to overturn Biden’s win in that state, and threatened Raffensperger if he didn’t comply.
Trump can be charged with criminal solicitation to commit election fraud in Georgia state court. Even though Trump’s solicitation was unsuccessful because Raffensperger refused to cheat and overturn Georgia’s election result, Trump can still be convicted of the crime, which is complete upon solicitation.
He can also be charged with intentional interference with performance of election duties for attempting to interfere with Raffensperger’s legal duty to certify the election result in Georgia.
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