Some Thoughts on the Sneak Peak Into the Jan. 6 Committee Criminal Referrals

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.”

@AshaRangappa@masthead.social @AshaRangappa_

Indeed, the hearings have actually presented enough evidence, IMO, charge Trump with (incitement to) rebellion, 18 U.S.C. 2383, the criminal analog of what he was impeached for. The impeachment committee presented a circumstantial case, but now we have a causal link, to wit: 1/

Kurt Andersen @KBAndersen

Among other things, this hearing absolutely reconfirms that Trump’s impeachment by the House on January 13th, 2020, was justified and deserving of conviction.