Trump could be arrested or indicted based on evidence in judge’s ruling: Former federal prosecutor

A former federal prosecutor who served for more than 24 years in the District of Columbia's U.S. Attorney's Office says Donald Trump could be arrested or indicted on just the evidence included in Monday's bombshell legal ruling by U.S. District Court Judge David O. Carter.

"Judge Carter’s finding by a preponderance of the evidence [which says] more likely than not that Trump committed felony offenses is a HIGHER evidentiary standard than the one needed to arrest/indict Trump for his crimes, which requires only probable cause," writes Glenn Kirschner, who is now an NBC News/MSNBC legal analyst and host of "Justice Matters" podcast.

Judge Carter on Monday wrote: “Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.” In response, legal experts are calling his ruling “striking,” “massive,” “monumental,” and “historic.”

“Dr. Eastman and President Trump launched a campaign to overturn a democratic election," Carter also wrote, calling it "an action unprecedented in American history. Their campaign was not confined to the ivory tower—it was a coup in search of a legal theory. The plan spurred violent attacks on the seat of our nation’s government, led to the deaths of several law enforcement officers, and deepened public distrust in our political process.”

Kirschner, whose total federal prosecutorial experience spans 30 years, adds he will be discussing the ruling in his next podcast.