The Elements of Offense in the Trump January 6 Indictment

DOJ doesn't have to prove Trump believed he lost. They have to prove he lied in attempt to thwart Electoral College Act.

https://www.emptywheel.net/2023/08/03/the-elements-of-offense-in-the-trump-january-6-indictment/

The Elements of Offense in the Trump January 6 Indictment - emptywheel

There's a lot of nonsense apology for Trump masquerading as journalism claiming that if he can show he believed his own lies he'll be acquitted. Those reports misunderstand the crimes with which Trump has been charged and what the government needs to prove for a jury to find Trump guilty.

emptywheel
@emptywheel Do they need to prove all 6 co-conspirators? Suppose the jury decides that Trump conspired with 5 of them, but isn't convinced about 1. Why wouldn't Trump be guilty?
@BenRossTransit @emptywheel DOJ has to prove a consistent story of a conspiracy that includes Trump. The jury doesn't have to believe every detail, but they have to believe enough that it hangs together. see: the Oathkeepers trial where only some of those charged were convicted of seditious conspiracy.
@emptywheel
So - #6 ain't Ginni.
Still hoping for her to get her scarf caught in the axle. 😉

@Nazani @emptywheel EDIT: Ginni is NOT CC#3 as originally indicated below. My mistake confusing two of the high profile lawyers who were in the media often following the election.

S̶h̶e̶'̶s̶ ̶#̶ ̶3̶.̶ ̶E̶m̶p̶t̶y̶w̶h̶e̶e̶l̶ ̶w̶r̶o̶t̶e̶ ̶a̶b̶o̶u̶t̶ ̶t̶h̶a̶t̶ ̶h̶e̶r̶e̶.

https://www.emptywheel.net/2023/08/02/the-crazy-kraken-conspirator/

The "Crazy" Kraken Conspirator - emptywheel

There's just one paragraph devoted to Sidney Powell's actions in the Trump indictment. But the implications of the paragraph are fairly remarkable.

emptywheel
@shredhq @Nazani @emptywheel I think you’ve confused Ginni and Sidney Powell. It is Powell that appears to be # 3. I too am looking forward to seeing Ginni face some legal consequences that have yet to emerge.
@sigsegv @Nazani @emptywheel Thanks for pointing out my error. Will edit or delete the above. Don't know what protocol is. I'm on the list of those who want to see Ginni face serious consequences.

@sigsegv @Nazani @emptywheel The cases surrounding J6 will have a profound effect on anybody's willingness to perpetrate this type of activity again in the future. From the rioters at the Capitol to the legalistic scholars writing memos to the lackeys undertaking the day to day particulars of a conspiracy. (Weak protest at the last arraignment shows MAGA staying away)

The next coup attempt will know it's all or nothing. The Trump buffoons here overestimated their PR skills to wiggle off a hook.

@shredhq easy mistake to make with the number of characters involved in this chaos. I often get them mixed up with who did what and when.
Hi @davidallengreen I have found @emptywheel has very detailed blogs applying a close reading to all the legal documents, which I thought you'd enjoy

@emptywheel Dana Nessel on Trump indictment, State vs Federal questions, pardons and deep doo doo.

Interview starts at 1 minute mark. Recommend starting there.

https://youtu.be/ofZPedjflcg

'I think we're going to see a lot more indictments': Michigan AG on overlap in Trump cases

YouTube
@emptywheel He did know he lost though.
_
Cassidy Hutchinson: Trump told Meadows ‘this is embarrassing,’ ‘I don’t want people to know that we lost’ https://thehill.com/homenews/house/3686868-cassidy-hutchinson-trump-told-meadows-this-is-embarrassing-i-dont-want-people-to-know-that-we-lost/ #Trump #loser
Cassidy Hutchinson: Trump told Meadows ‘this is embarrassing,’ ‘I don’t want people to know that we lost’

Former President Trump told his then-chief of staff “this is embarrassing,” and “I don’t want people to know that we lost,” after the Supreme Court ruled against him on a key case about the 2020 election, former White House aide Cassidy Hutchinson told the House select committee investigating the Jan. 6, 2021, Capitol riot. The…

The Hill
@emptywheel Will we start to see members of Congress swept up in the various Fake Elector scams?
@emptywheel I like the idea that lies are always protected as free speech, making it almost impossible to prove fraud. Bernie Madoff wasn’t running a Ponzi scheme, he was using puffery to get people to invest in a different business model than he described.

@emptywheel @mastodonmigration

Is he doing that dripping hair dye gag again?

Has to be intentional this time.