Tonight is a big legal eagle night with Politico breaking a story into the crimes that the January 6 Committee will vote on next week to refer to the Justice Department. I know my lawyer colleagues on TV and podcasts will have a lot to say, but I just wanted to offer some thoughts on 18 U.S.C. 2383, which I have mentioned several times in talking about Trump’s culpability for January 6. Because it presents some thorny constitutional issues, it’s a long shot for the Special Counsel — but if he brings an indictment under this statute, it has some upsides: It’s the only crime that operationalizes the disqualification clause of the 14th Amendment. Oh, and as I mention at the end, it would be at the very least a nice vindication for the article of impeachment brought against Trump (the second time), which was for “incitement to insurrection.”
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Some Thoughts on the Sneak Peak Into the Jan. 6 Committee Criminal Referrals