Con Law expert reveals obscure 1800s law that could take care of Trump for good
Donald Trump at Walter Reed (Screen Grab)

One of the nation's foremost constitutional law experts revealed the federal law that prosecutors could use to hold Donald Trump to account for inciting the January 6th insurrection.

MSNBC's Alex Witt interviewed Harvard Law Prof. Laurence Tribe on Saturday to discuss the latest developments in the criminal cases against the insurrectionists.

"So, Laurence, the DOJ has actually named Trump, they've cited his false claims about the election, this in a legal argument to try to keep an accused capitol rioter under monitoring. Does that connection create any legal jeopardy for him?" Witt asked.

"Well, it's at least an indication that they're beginning to connect the dots," Tribe replied.

"That is, if it is the case as the Department of Justice has asserted in saying that somebody ought to be constantly monitored and not trusted to be completely at liberty, if they're saying that part of what is fomenting violence even now is the claim by Trump and some of his followers that the election was stolen, and if that is fomenting violence now, then the claim that it was all stolen and that the mob should use force to prevent the transition of power to Joe Biden by interrupting the counting of the electoral votes on January 6th, all of that seems to be part and parcel of a violation of a very important federal criminal law that goes back to the civil rights, civil war era. That is, 18 U.S.C § 2383," he explained.

Tribe was citing the section of federal law that covers rebellion or insurrection.

"Whoever 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, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States," the law states.

"That law, I think, may well apply to Donald Trump," Tribe said.


Laurence Tribe