These Are the Factors Garland Is Likely Weighing as He Mulls Charging Trump

The House committee investigating the Jan. 6 attack on the Capitol has laid out its case that Donald Trump knew he lost the 2020 election, and that he nevertheless spread lies about election fraud as part of a broad effort to overturn Joe Biden’s win, pressured state election officials to change the results, orchestrated an effort to send fake electors to Washington, and used multiple tactics to persuade Vice President Mike Pence to name Trump the winner, including inciting a mob to go after him.

With each consecutive hearing, the spotlight on the Justice Department has grown brighter, as has interest in whether Attorney General Merrick Garland will choose to prosecute a former president. New subpoenas were issued by federal prosecutors investigating the attack in Georgia and Virginia on Wednesday, the Washington Post reported, a potential sign that the Justice Department is expanding the scope of its case. A separate investigation by Fulton County District Attorney Fani Willis in Georgia has empaneled a grand jury and appears to be examining whether Trump violated state law when he asked Georgia’s Secretary of State, Brad Raffensperger, to “find” enough votes for Trump to win.
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But despite all of the bombshells the committee has put forth about Trump’s efforts, legal experts say the threshold that the Department of Justice needs to meet before it is willing to prosecute the former President is far higher than much of the public realizes.

Bringing charges against Trump related to the Capitol attack could require showing evidence that he had knowledge beforehand of specific plans to breach the Capitol Building and disrupt the proceedings, says Solomon L. Wisenberg, a former deputy independent counsel during the Clinton-era Whitewater investigations. “It’s a high bar,” Wisenberg says. “What did Trump do? Did he conspire? Did he …read more

Source:: Time – Politics

      

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