On Tuesday, writing for The Crime Report, Boston defense lawyer James Doyle outlined his case for charging former President Donald Trump with seditious conspiracy for his efforts to overturn the 2020 presidential election.
"Watching a riot on television is not a crime," wrote Doyle. "But the hours spent passively savoring that particular riot do provide compelling circumstantial evidence of Trump’s state of mind — of his goals and intentions — as he maneuvered throughout the period between Election Day and the riot to hold power ... From Trump’s inaction we can infer — the inference is inescapable — that he meant to see the certification of the electoral vote delayed and, if possible, prevented. After that, something might break his way. He might hold onto power."
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All of this, Doyle argued, meets the federal criteria for the crime of seditious conspiracy, which requires that "two or more persons ... conspire ... by force to prevent, hinder, or delay the execution of any law of the United States." None of this requires that Trump put his plan into action with hundreds of people — just that Trump and his "inner circle" agreed to something that intentionally led to the riot taking place.
"For once, his conduct should be weighed by citizens, not politicians, and in a forum where tested proof, not wild allegation and fantasy, is required. That’s how the rule of law is mobilized and expressed," concluded Doyle. "You don’t have to bring every charge you could bring against Trump, or charge every co-conspirator you could charge, to let the jurors speak on one serious federal crime. Start tomorrow."
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