Criminally charging a former president would be unprecedented. But the House committee has laid out evidence that Trump may have incited a riot and committed seditious conspiracy among other crimes, said Donald Ayer, former deputy attorney general under Republican President George H.W. Bush.
The use of false electors is the only aspect of Trump’s attempts to overturn the election results that the DOJ has confirmed is under investigation. Fake electors are also targets of an investigation a Georgia district attorney is conducting.Attorney General Merrick Garland told reporters Wednesday that he isn’t hesitant to investigate Trump. The Jan. 6 probe “is the most wide-ranging investigation and the most important investigation that the Justice Department has ever entered into,” he said.
If prosecutors can prove Trump knew the lists of alternate electors weren’t legitimate, and he and his allies intended to submit them to government bodies, the former president could be convicted of conspiracy to defraud the U.S. Lists of the Trump-supporting alternate electors were sent to the National Archives after the 2020 election from seven swing states.
Trump already appears to be putting forward a defense, insisting that all he wanted was for Pence to send slates of electors back to the states for retabulation and correction. The Jan. 6 hearings have provided evidence that Trump acted with corrupt intent — a key legal hurdle that Garland and his prosecutors likely would need to win a guilty verdict, Ayer said.
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