
<p>Awhile back, I posed the hypothetical question: What if President Trump and his closest advisors had not committed any crimes in attempting to reverse the 2020 presidential election? ; I was raising that question to demonstrate that the partisans who have reached a guilty verdict in the vigilante court-of-public opinion are motivated by hateful partisanship more than an understanding of the Constitution and law. ; It is the same dynamic that has them accusing the Capitol Hill rioters with insurrection when so far not a single case of insurrect has been charged by prosecutors in more than 600 cases.</p>



<p>Fighting the legitimacy of certain ballots, demanding recounts, going to the courts, voting against certification are all perfectly legal. ; As is lobbying state legislatures to replace the elected Electors with a new slate is legal. ; Even peacefully demonstrating to pressure members of Congress to vote against certification is legal. ; ;</p>



<p>It is not even illegal for an attorney to suggest extreme actions – such as asking the military to seize the voting machines.  ; Taking such action, may well be an abuse of power – but that never happened. ; Acting badly is not necessarily a crime. ; ;</p>



<p>Even alleging Executive Privilege is not a crime. ; That is simply a matter for the federal judiciary to resolve. ; It is a Constitutional question.</p>



<p>Rioting, of course, is not legal – and so far, that is the extent of the known criminality. ; It will be very difficult to prove that even the rioters were in a coordinated and directed effort to overthrow the government and put Trump back in the White House by force. ; That is just a bridge too far.</p>



<p>As a counterpoint, we can examine what possibilities there may be in which Trump or his minions actually committed crimes – not ill-advised actions, extreme measures or even boneheaded plans – but real crimes that would stand up in a court-of-law.</p>



<p>Probably the two most prominent charges would be “abuse of power” and “obstruction of justice.” ; On the fringe might be “inciting a riot.” There could evolve ancillary charges, such as “lying to investigators,” “contempt of Congress” (as we see rolling out) and “perjury.” ; It is possible that investigators may find some examples of “destroying evidence” or “destroying public records” that are required to be maintained. (Think Hillary Clinton and the infamous server.)</p>



<p>Ironically, the accusation most advanced in the court-of-public opinion by a compromised news media – insurrection, sedition, and coup-plotting – are not likely to be charged in any of the cases.</p>



<p>To bring criminal charges successfully, there are two major hurdles. ; The first is defining what a person meant. ; Trump did make a call to Georgia Governor Brian Kemp to request that he “find 11,780 ballots.” ; Was Trump assuming that there would be at least that many illegal or improper ballots to be found or was he asking the Governor to do something illegal? ; That will be a debatable point in a court-of-law. ; Unless there is clear evidence that Trump wanted Kemp to tamper with the legitimate count, it will not be an easy case to prove beyond a reasonable doubt.</p>



<p>The second problem with criminal charges is you must establish “intent.” ; Did Trump “intend” for rioters to storm the Capitol in a violent manner or was he just calling for supporters to protest the certification in a constitutional manner.</p>



<p>It is very possible that those meeting at the Willard Hotel were planning actions that went beyond bad judgment. ; Trump may have abused his power at some point. ; He and others may have obstructed justice in the legal sense – as opposed to simply not cooperating. ; ;</p>



<p>If any of the aforementioned crimes can be established, then the Department of Justice will be handing down indictments – and that could include Trump, himself. ; He is not immune from criminal prosecution – although there is a tradition of not proceeding against former Presidents or even top officials.</p>



<p>As of this point, there has been no evidence – hard court-type evidence – that any crimes have been committed. ; Potential crimes are being investigated by the Department of Justice, but there has not even been a hint of what they might have found – or are pursuing. ; We will just have to wait and see.</p>



<p>While the House Select Committee is investigating the Capitol Hill riot, they have no power to hold anyone accountable. ; They can only make politically based accusations and refer any criminal allegations to the Justice Department. ; It will all end up there – eventually.</p>



<p>And by “eventually,” I mean a rather long time. ; None of the folks with targets on their backs will be send off to the hoosegow before the 2022 election – and maybe not even before the 2024 election. Maybe never. ; Other than contempt of Congress, I cannot imagine that even if crimes are alleged and indictments handed down, there will be any trials for a year or more – maybe several years.</p>



<p>The underlying question is whether all the public accusations and political showboating will negatively impact on Republican candidates in 2022. ; THAT is what virtually all this obsessive attention to concocted insurrections and fantastical coup plots is all about. ;</p>



<p>It is mostly a game of optics and political propaganda. ; There may be crimes that have been committed. ; People may get indicted and convicted – but it is likely to be for more minor – albeit serious – offenses. ; And even then, justice would not be served for a very long time.</p>



<p>To paraphrase the cliché, we have a donkey laboring mightily that will bring forth a mouse – at best.</p>



<p>So, there ‘tis.</p>

What if Trump and others crossed the legal line?
