The January 6th Criminal Case Against Donald Trump – The New Yorker
In hindsight, Donald Trumps intentions could not appear clearer. During the final months of the 2020 Presidential race, he systematically conducted a disinformation campaign that convinced many of his supporters the election would be stolen by Democrats. After losing, he doubled down on those false claims and repeatedly pressured state election officials, Justice Department prosecutors, federal and state judges, members of Congress, and the Vice-President to overturn the results. After those efforts failed, he appeared at a rally in Washington, D.C., where he urged thousands of his supporters to stop Congress from certifying his defeat. For hours, as they stormed the Capitol, he failed to act.
Those steps, the leaders of the congressional committee investigating the January 6th attack on the Capitol contend, seemingly constitute a crime. But, based on the evidence made public so far, the unprecedented nature of Trumps actionstogether with the vagueness of laws regarding the certification of Presidential elections, legal loopholes, and his manipulation of otherscould allow the former President to escape being criminally charged for his role in events surrounding the attack.
A congressional staffer with knowledge of the committees investigation said that it is ongoing and too early to say what it will yield. The staffer pointed out that Trump has a history of trying to avoid explicitly implicating himself in wrongdoing over the years, as he did in the Oval Office call with Ukraines Presidentwhich, nevertheless, led to his first impeachment. Trump seems to have been very careful never to give an orderto strongly insinuate what should happen rather than giving an order, the staffer told me, comparing Trump with Henry II of England, who famously (perhaps apocryphally) engineered the murder of the Archbishop of Canterbury by signalling to subordinates his desire to be free of the religious leader without explicitly ordering it. The staffer, who asked not to be named, invoked a phrase said to have been uttered by the twelfth-century king: Who will rid me of this meddlesome priest?
Recent statements by the committee chair, Bennie Thompson, and the vice-chair, Liz Cheneyone of only two Republicans on the panelhave raised expectations that the panel will refer Trump to the Justice Department for criminal prosecution. Such a step would increase the political pressure on Attorney General Merrick Garland to prosecute Trump. In a television interview on Sunday, Thompson said that the panel is examining whether Trump committed a crime: If theres any confidence on the part of our committee that something criminal we believe has occurred, well make the referral. And Cheney, in a speech last month, mentioned a specific charge: Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congresss official proceeding to count electoral votes?
Federal prosecutors in Washington have charged dozens of rioters who stormed the Capitol with felony counts of obstructing an official proceeding of Congress, which carry a potential sentence of up to twenty years. But legal experts said that convicting Trump of such a charge could be difficult. Ilya Somin, a libertarian legal scholar at George Mason University and a critic of the former President, told me that Trumps lawyers would likely argue that it did not apply to him because he did not enter the Capitol on January 6th. I think it is very clear that it applies to the people who entered the building, Somin said. If Trump did enter the building and lead the attack in person, it would be much easier to convict him of this and other offenses.
The congressional staffer with knowledge of the committees work said that the media had exaggerated Thompson and Cheneys statements. The criminal-referral stuff has gotten blown out of proportion, the staffer cautioned. It has become the shiny new object. (Another shiny new object emerged on Tuesday, when the committee asked the Fox News host Sean Hannity to voluntarily testify about text messages that hed sent which show he had advance knowledge regarding President Trumps and his legal teams planning for January 6th. Hannity warned against Republicans in Congress trying to overturn the results, writing on January 5th that he was very worried about the next 48 hours.) The staffer said that the committee is primarily focussed on creating a definitive history of events on January 6th and recommending laws and reforms that would prevent future attempts to overturn electionsgiving the American people the full picture of what happened and making recommendations to help insure that nothing like January 6th happens again.
Ultimately, the decision about whether to prosecute Trump lies with Garland, a former federal judge who has made restoring public faith in the political neutrality of the Justice Department his core goal. Despite Garlands attempts to divorce the Justice Department from politically charged prosecutions, it is increasingly clear that investigating Trump is becoming the defining issue of his tenure. The continued defiance of Trump and his allies is forcing Garland to make a decision faced by none of his predecessors: whether to prosecute a former President who tried to subvert an election and appears ready to do so again. Democrats are demanding that Garland move more aggressively, with Representative Ruben Gallego, of Arizona, declaring his effort so far weak and feckless, and contending that there are a lot more of the organizers of January 6th that should be arrested by now.
David Laufman, a former senior Justice Department official, said he disagreed with criticism of the Justice Department for not having already charged Trump criminally. Notwithstanding the horrors of January 6th, D.O.J. should not be pursuing criminal investigations or prosecutions against former President Trump or others connected to the attack on the Capitol unless both the facts and the law support doing so under established policy, he said. Its the Department of Justicenot the Department of Retributionand we dont want to see the rule of law eroded just to make us feel good. But Laufman also called for prosecutors to not go easy on Trump, adding that the department shouldnt be shying away from using the full weight of its enforcement authorities against Trump or anyone else simply because doing so could be perceived as politically motivated.
On Wednesday afternoon, Garland gave a speech that was clearly designed to reassure the public and counter critics. The twenty-five-minute address was vintage Garland. He pledged political neutrality and declared that we follow the factsnot an agenda or an assumption. He promised equal justice for all: There cannot be different rules depending on ones political party or affiliation. There cannot be different rules for friends and foes. And he vowed further measures. The actions we have taken thus far will not be our last, he said, adding that the Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under lawwhether they were present that day or were otherwise criminally responsible for the assault on our democracy.
In an era when the majority of Republicans falsely believe that the 2020 election was fraudulent and the majority of Democrats think that it was not, Garland will be demonized no matter what action he takes regarding Trump. The Attorney General, based on his speech, continues to believe that he can restore normal ordera Justice Department term for basing decisions on whether to charge defendants strictly on the facts of a case. He continues to believe that the majority of Americans still support the principle that all people should be treated fairly under the law, including Donald Trump. And that the majority will reject political violence and trust the judicial system. At the moment, that belief, for Garland and all Americans, is an enormous political gamble.
Read the rest here:
The January 6th Criminal Case Against Donald Trump - The New Yorker
- Football Daily | Donald Trump gives himself starting role in the bigliest occasion of all - The Guardian - July 18th, 2026 [July 18th, 2026]
- Donald Trump bizarrely tells Gianni Infantino to host next World Cup in the US with China - Yahoo Sports - July 18th, 2026 [July 18th, 2026]
- Opinion | The Odyssey, by Donald Trump - The New York Times - July 18th, 2026 [July 18th, 2026]
- Donald Trump urged to intervene after Bryson DeChambeaus controversial Open penalty - Yahoo Sports - July 18th, 2026 [July 18th, 2026]
- Donald Trump calls for FBI investigation into Michigan election claims; Benson, Nessel push back - ClickOnDetroit | WDIV Local 4 - July 18th, 2026 [July 18th, 2026]
- Homeland Security chief and Donald Trump appear at odds over ICE traffic stop pause - Bangor Daily News - July 16th, 2026 [July 16th, 2026]
- Belgium trolls USA, FIFA, Donald Trump after dominant World Cup win: 'Overturn this' - Yahoo Sports - July 7th, 2026 [July 7th, 2026]
- Donald Trump's 4-word response to Ryder Cup mockery resurfaces after Belgium's World Cup taunt - Yahoo Sports - July 7th, 2026 [July 7th, 2026]
- Belgium mock Donald Trump after knocking USA out of World Cup: Overturn this - Yahoo Sports - July 7th, 2026 [July 7th, 2026]
- 'Overturn this' - Belgium mock US President Donald Trump and FIFA after USA World Cup exit - Sky Sports - July 7th, 2026 [July 7th, 2026]
- Belgium Just Trolled Donald Trump Soooo Hard After Beating The US - Yahoo Sports - July 7th, 2026 [July 7th, 2026]
- Overturn this: Belgian team and fans mock Donald Trump and FIFA - Euronews.com - July 7th, 2026 [July 7th, 2026]
- Donald Trump Pays Tribute To The Village People's Victor Willis - Deadline - July 1st, 2026 [July 1st, 2026]
- Donald Trump Has Officially Lost the Plot - The New Yorker - July 1st, 2026 [July 1st, 2026]
- Donald Trump hijacked Americas 250 and turned it into a theatre of the absurd - The Guardian - July 1st, 2026 [July 1st, 2026]
- President Donald Trump, 80, Obsesses Over Crowd Size as His Fair Empties Out - The Daily Beast - June 26th, 2026 [June 26th, 2026]
- Weekly quiz: Who did Donald Trump anger after saying they begged for a photo with him? - BBC - June 26th, 2026 [June 26th, 2026]
- How Donald Trump has changed the way diplomacy is done - The Conversation - June 22nd, 2026 [June 22nd, 2026]
- Pauline Hanson and Donald Trump both exploit voters fury. But her popularity is rising while his is at a low - The Guardian - June 22nd, 2026 [June 22nd, 2026]
- Donald Trump's approval rating as of today; Trump approval rating now - Yahoo - June 22nd, 2026 [June 22nd, 2026]
- President Donald Trump unveils the new Air Force One, a converted Qatari jet - NBC4 Washington - June 19th, 2026 [June 19th, 2026]
- Donald Trump Hedges His Bet in South Carolina - FITSNews - June 19th, 2026 [June 19th, 2026]
- Donald Trump gambles that Iran wants money more than power - The Economist - June 19th, 2026 [June 19th, 2026]
- "Donald Dump" depicts Trump with sludge oozing out of his mouth - Boing Boing - June 19th, 2026 [June 19th, 2026]
- President Donald Trump Struggles to Clasp Medal of Honor on US Army Veteran for More Than a Minute - Yahoo - June 19th, 2026 [June 19th, 2026]
- California governor Gavin Newsom accuses Donald Trump of directing DoJ to investigate him and his wife as it happened - The Guardian - June 16th, 2026 [June 16th, 2026]
- Donald Trump Says He Made a Peace Deal With Iran. Will It Stick? - Slate Magazine - June 16th, 2026 [June 16th, 2026]
- DW News. . US President Donald Trump says the Strait of Hormuz will be "fully open" by Friday, June 19, when the US prepares to sign a... - June 16th, 2026 [June 16th, 2026]
- As Donald Trump turns 80, he faces a foe he can never defeat: Father Time. Thats a problem for us all - The Guardian - June 14th, 2026 [June 14th, 2026]
- New batch of UFO files released by the Pentagon under Donald Trump administration describe spinning discs and more - ABC7 Chicago - June 14th, 2026 [June 14th, 2026]
- Donald Trump at 80: his life in pictures - The Times - June 14th, 2026 [June 14th, 2026]
- Donald Trump thinks the NFL should be renamed, says soccer should also be called football in the USA - Yahoo Sports - June 14th, 2026 [June 14th, 2026]
- Donald Trump Posts Cringe Throwback Pics in Self-Promo Shocker - The Daily Beast - June 14th, 2026 [June 14th, 2026]
- The Federal Reserve must soon give Donald Trump bad news - The Economist - June 10th, 2026 [June 10th, 2026]
- NBA Finals: President Donald Trump reportedly not expected to attend Game 4, but security zone around MSG will remain in place - Yahoo Sports - June 10th, 2026 [June 10th, 2026]
- What Donald Trump Will Never Understand About Fighting - The Atlantic - June 10th, 2026 [June 10th, 2026]
- Donald Trump, James Dolan tried to ruin NBA Finals vibe. The Knicks loss killed it - The New York Times - June 10th, 2026 [June 10th, 2026]
- A record 63% of Americans disapprove of how Donald Trump is handling the economy - YouGov - June 10th, 2026 [June 10th, 2026]
- MSG security tightened ahead of President Donald Trump's trip - ESPN - June 10th, 2026 [June 10th, 2026]
- Read the transcript: President Donald Trump interviewed by NBC News Meet the Press moderator Kristen Welker - NBC News - June 10th, 2026 [June 10th, 2026]
- President Donald Trump to attend Finals game in New York to root for his hometown Knicks - NBA.com - June 10th, 2026 [June 10th, 2026]
- Every guest Donald Trump brought to NBA Finals Game 3, including golfer granddaughter Kai - Yahoo Sports - June 10th, 2026 [June 10th, 2026]
- An Indian Billionaire Was Targeted by Trump. Then He Poured Money Into a Startup Secretly Backed by Donald Trump Jr. - ProPublica - June 10th, 2026 [June 10th, 2026]
- Donald Trump met with loud boos during national anthem at NBA Finals Game 3 - USA Today - June 10th, 2026 [June 10th, 2026]
- Donald Trump booed by the crowd during the anthem prior to Game 3 of the NBA Finals - AP News - June 10th, 2026 [June 10th, 2026]
- Donald Trump calls for Freedom 250 Concert to be canceled and suggests it is replaced by a MAGA rally following a mass exodus of scheduled performers.... - May 31st, 2026 [May 31st, 2026]
- Donald Trump Will Now Headline Freedom 250 Festival After More Than Half of the Planned Musical Acts Dropped Out - People.com - May 31st, 2026 [May 31st, 2026]
- Donald Trump Jr. and new wife share behind-the-scenes wedding video - CNN - May 31st, 2026 [May 31st, 2026]
- Donald Trump Offers to Perform at Freedom 250 Concert Himself: 'Only Great Patriots Invited' - Rolling Stone - May 31st, 2026 [May 31st, 2026]
- Donald Trump Wants Prediction Markets To 'Thrive', But AGA Boss Bill Miller Disagrees: The CFTC Is 'A Rogue Agency' - Yahoo Finance - May 31st, 2026 [May 31st, 2026]
- Joe Rogan appreciates how Donald Trump does wild st like UFC fights on the White House lawn - Yahoo Sports - May 31st, 2026 [May 31st, 2026]
- Donald Trump only a paper tiger, says Saudi expert - The Jerusalem Post - May 29th, 2026 [May 29th, 2026]
- Jaxson Dart, Abdul Carter explain their viewpoints on Giants QB's Donald Trump introduction - Yahoo Sports - May 29th, 2026 [May 29th, 2026]
- How many Americans think they could beat Donald Trump in a fight? - YouGov - May 11th, 2026 [May 11th, 2026]
- FAA employee from New Hampshire accused of threatening President Donald Trump - WMUR - May 5th, 2026 [May 5th, 2026]
- The soon-to-be-renamed Donald Trump airport has a logo and it's gold - The Palm Beach Post - May 5th, 2026 [May 5th, 2026]
- Donald Trump Is About to Be Humiliated in Front of the Whole World: Political Scientist Robert Pape - The Daily Beast - May 5th, 2026 [May 5th, 2026]
- Donald Trump Says He Wasnt Worried When Shooting Erupted at the White House Correspondents Dinner - People.com - April 27th, 2026 [April 27th, 2026]
- Donald Trump Reacts to Staged Theories About WHCD Shooting - Yahoo - April 27th, 2026 [April 27th, 2026]
- Note to Those So Inclined: Please Stop Trying to Kill Donald Trump - CounterPunch.org - April 27th, 2026 [April 27th, 2026]
- Tucker Carlson says he regrets backing Donald Trump and is tormented by it - The Guardian - April 21st, 2026 [April 21st, 2026]
- From Donald Trump to Jacob Frey has politics lost its profanity filter? - Northeastern University - April 21st, 2026 [April 21st, 2026]
- Donald Trump Claims Apple CEO Tim Cook Once Called the President to Kiss My Ass - Variety - April 21st, 2026 [April 21st, 2026]
- Tucker Carlson Apologizes for Misleading People About Donald Trump: I Will Be Tormented by It for a Long Time - Variety - April 21st, 2026 [April 21st, 2026]
- Here's what Warren Buffett, Sam Altman, Donald Trump, and everyone else has to say about Tim Cook stepping down - Fortune - April 21st, 2026 [April 21st, 2026]
- Jon Stewart Catches Donald Trump Admitting How Miserable He Is - The Daily Beast - April 21st, 2026 [April 21st, 2026]
- Terrible poll ratings would bother some politicians. Donald Trump isnt one of them | Arwa Mahdawi - The Guardian - April 21st, 2026 [April 21st, 2026]
- Three reasons Donald Trump wont pull the US out of Nato - The Conversation - April 10th, 2026 [April 10th, 2026]
- Donald Trump Rails Against Tucker Carlson, Megyn Kelly & Candace Owens - Deadline - April 10th, 2026 [April 10th, 2026]
- Donald Trump Tells Reporter He Didn't 'Know Anything About' Melania's Epstein Remarks Before She Went Live - People.com - April 10th, 2026 [April 10th, 2026]
- Donald Trump Floats Absurd Fantasy to Cope With Iran Humiliation - thedailybeast.com - April 8th, 2026 [April 8th, 2026]
- Donald Trump Jr. says the biggest names think Europe is a disaster that needs to be fixed - fortune.com - April 8th, 2026 [April 8th, 2026]
- Donald Trump says he will work with Iran for 'very productive regime change' - The Jerusalem Post - April 8th, 2026 [April 8th, 2026]
- The world cant wait for Donald Trump to leave office | Letters - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Donald Trump, 79, Rants That Hes Good at Language in Unhinged Appearance - The Daily Beast - April 7th, 2026 [April 7th, 2026]
- Donald Trump Defends His Profanity-Filled Easter Post Urging Iran to 'Open the F---in' Strait, You Crazy B------s' - People.com - April 7th, 2026 [April 7th, 2026]
- Donald Trump says US could destroy Iran in one night as he demands opening of Strait of Hormuz - Financial Times - April 7th, 2026 [April 7th, 2026]
- Was Donald Trump really rushed to Walter Reed Hospital? Heres what to know - Yahoo - April 5th, 2026 [April 5th, 2026]
- Donald Trump: trouble in the heartlands - The Week - April 5th, 2026 [April 5th, 2026]
- A long way down from JFK to Donald Trump - Pittsburgh Post-Gazette - April 5th, 2026 [April 5th, 2026]