Despite the Manhattan charges, Trump MUST still be charged for his attempted coup and inciting the Jan 6 attack

Manhattan charges can't be the end

Donald Trump being charged with 34 felonies New York is not enough to protect our democratic Republic.

It is a good start, though, in the sense of making it clear that the rule of law applies to all—regardless of wealth or power. Now it’s up to a jury decide Trump’s fate.

But regardless of what happens in Trump’s case in New York, he MUST be charged and fully prosecuted for his attempted coup and his role in the Jan 6 terrorist attack. That is the only way to protect our Republic.

I never called for the prosecution of Trump for his financial crimes in Manhattan. As I always stated on my SiriusXM show, if the evidence merits indicting Trump he should be charged. If not, then no charges.

But I have repeatedly and very publicly called for Trump to be charged for his crimes in connection with his attempted coup and his role in the Jan 6 terrorist attack. I’ve done that not because I hate Trump—which I do—but because the evidence is clear he has committed crimes. And these crimes—as opposed to those involving financial records—were designed to overturn our election and effectively end our democratic Republic.

Even before the House Jan 6 committee’s final report in December that outlined at least four crimes Trump had committed--which they referred to DOJ for prosecution--federal Judge David Carter found in March 2022 evidence of Trump’s criminality. That happened when the Judge was considering a motion by Trump lawyer John Eastman to shield his emails from a subpoena issued by the Jan 6 committee. The judge wrote Trump and his lawyer had “launched a campaign to overturn a democratic election, an action unprecedented in American history,” adding, “it was a coup in search of a legal theory.”

And in a bone-chilling passage, the judge explained that if Trump and Eastman’s “plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution.”

From there we saw the testimony under oath of witnesses before the Jan 6 committee that left no doubt that Trump had committed crimes. Trump—knowing there was no good faith legal basis to do so--attempted to overturn the 2020 election by way of a fraudulent elector scheme, pressuring his Vice President Mike Pence, the DOJ and others.

Beyond the behind the scenes coup, Trump’s election lies radicalized his supporters—like an ISIS recruiter—to believe the election was stolen.  He then called them to Washington, D.C. for the Jan 6 joint session of Congress, promising a “wild” time. This all culminated in Trump’s Plan B: The attack of the Capitol to prevent President Biden’s election victory from being certified.  

The Jan 6 committee’s summed it up so well with the line in their report: “The central cause of January 6th was one man, former President Donald Trump, whom many others followed. None of the events of January 6th would have happened without him.”

Even Trump supporters who have called my SiriusXM show have conceded that if Trump simply accepted he had lost the 2020 election, there would have be no coup and no Jan 6 attack. But Trump wanted to remain in the White House and was not going to allow a “little thing” like losing the election stand in the way.

The Jan 6 committee’s report laid out in great detail that the evidence gathered revealed that Trump has committed four crimes: 1. Obstruction of an official proceeding; 2. Conspiracy to defraud the United States, 3. Conspiracy to make a false statement and, 4. Incitement, rebellion or insurrection.  The report noted Trump's actions could also constitute violations of two other conspiracy statutes depending on potential evidence developed by the Justice Department.

The committee began by making the case that Trump engaged in the “Obstruction of an Official Proceeding” in violation of 18 U.S.C. § 1512(c) which makes it a crime to “corruptly” “obstruct, influence, or impede any official proceeding, or attempt to do so.”  The report provided detailed examples of evidence in support of this assertion, such as Trump’s “plan to get Vice President Pence to prevent certification of the election at the joint session of Congress.”  This crimes carries a penalty of up to 20 years in prison.

Another Trump crime cited by the Jan 6 committee report was his “Conspiracy to Defraud the United States” in violation of 18 U.S.C. § 371. This law provides it’s a crime if two or more people engage in a plan to “defraud” the United States. The report explains that “President Trump entered into an agreement with individuals to obstruct a lawful function of the government (the certification of the election).” The evidence cited in support ranges from Trump pressuring Pence to obstruct the Jan 6 certification to the fraudulent elector scheme—both of which Trump was personally involved.

Then there’s Trump role in inciting the Jan 6 attack (“insurrection”) in violation of  18 U.S.C. § 2383. This federal law applies to any who “incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto.”

The Jan 6 committee wrote, “President Trump was directly responsible for summoning what became a violent mob to Washington, DC, urging them to march to the Capitol, and then further provoking the already violent and lawless crowd with his 2:24 p.m. tweet about the Vice President.” The report continued, “When President Trump tweeted at 2:24 p.m., he knew violence was underway. His tweet exacerbated that violence.”

Trump also despicably refused to put out a statement calling on his supporters to stop the attack for more than three hours despite pleas to do so by his aides—-and even his own daughter.  Instead, Trump simply watched the attack play out on television. “This appalling behavior by our Commander in Chief occurred despite his affirmative constitutional duty to act to ensure that the laws are faithfully executed,” wrote the committee. The penalty under this law is up to ten years in prison and the person “shall be incapable of holding any office under the United States.”

We know the Special Counsel Jack Smith is investigating Trump for these potential crimes. But an investigation is not enough. Trump has committed crimes in an attempting a coup and inciting the Jan 6 “act of domestic terrorism”—as the FBI has defined the attack.

Our criminal justice system is predicated upon the idea of punishment and deterrence. We punish people who commit crimes to deter that person and others from repeating that same conduct. Conversely, if Trump is not punished for attempting to overturn the 2020 election, DOJ is saying such conduct is acceptable. It’s not—at least not if we want to remain a democratic Republic.

---