Writing for Above the Law, veteran attorney Mark Herrman attempted to explain what investigators working for the House Capitol riot committee are probably looking for as evidence of sedition in emails and texts turned over to the committee.
Noting that the written word can be a powerful weapon when seeking criminal indictments, Herrman wrote that lawyers are likely seeking out anyone who "may have encouraged or assisted the January 6 mob in the attack on the Capitol" in the documents as a way to make their case.
Rhetorically asking, "In all those communications, what are the words that will send someone to jail?" Herrman explained, "So long as people can honestly say that they thought Trump won the election, then it’s probably not sedition to try to move votes from Biden to Trump," before adding, "But, if you knew that Trump lost and still tried to change the election results, that’s a whole different matter."
"You knew that Trump lost, but nevertheless tried to change the election results. That’s criminal," he elaborated. "So long as a witness insists that the witness thought Trump had won, then it’s tricky to establish intent. But a document that acknowledges that Trump lost and nonetheless tries to interfere with an election result? Pack a toothbrush."
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The attorney doesn't expect anyone to have made a formal admission that they were trying to steal the election. However, he cautioned, "I’ve seen an awful lot of stupid emails in my time."
"If I had to bet, I’d place about even odds on the public one day seeing a document that starts more or less with the incriminating words, 'Although I know that Trump lost the election …,"' he wrote before asserting, "The person who wrote those words will (for good reason) regret those words for eternity."
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