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Why doesn't the DOJ indict Trump in Federal Court for inciting insurrection? (Original Post) Kyblue1 Feb 2021 OP
I wonder why that has not happened. Hope it does. BSdetect Feb 2021 #1
The Democrats will make the case for that indictment in the Senate. Zoonart Feb 2021 #4
Patience. GeorgeGist Feb 2021 #2
garland hasn't been appoointed yet and... getagrip_already Feb 2021 #3
Agree. We need to get Garland confirmed and then.. ananda Feb 2021 #8
The Trump legal team is in a pickle C_U_L8R Feb 2021 #5
Almost impossible to convict and survive appeals FBaggins Feb 2021 #6
A jury in DC could very well convict, assuming the case is good. Turin_C3PO Feb 2021 #9
True... but also self-defeating FBaggins Feb 2021 #10
Garland hasn't been confirmed as AG yet Fiendish Thingy Feb 2021 #7

Zoonart

(11,750 posts)
4. The Democrats will make the case for that indictment in the Senate.
Thu Feb 4, 2021, 09:41 AM
Feb 2021

If the Senate does not convict, or even if they do, I think that the DOJ will then take it up.

getagrip_already

(14,250 posts)
3. garland hasn't been appoointed yet and...
Thu Feb 4, 2021, 09:41 AM
Feb 2021

remember trump cronies purged the doj of anyone they could who wasn't a believer. It's likely still stacked with assholes and nobody left wants that job.

Plus there is at least one special council out there that would work against any such move.


C_U_L8R

(44,894 posts)
5. The Trump legal team is in a pickle
Thu Feb 4, 2021, 09:45 AM
Feb 2021

They will argue that Trump cannot be tried by the Senate, almost ensuring and validating that the DOJ will. They've chosen poorly.

FBaggins

(26,697 posts)
6. Almost impossible to convict and survive appeals
Thu Feb 4, 2021, 09:51 AM
Feb 2021

A unanimous jury plus multiple courts (many of which he selected) unwilling to see first amendment issues?

Turin_C3PO

(13,650 posts)
9. A jury in DC could very well convict, assuming the case is good.
Thu Feb 4, 2021, 11:59 AM
Feb 2021

Trump only got 4-5% of the vote there, so you could easily have a jury without Trump cultists. I’m not saying they would definitely convict him but they would give the prosecution a fair hearing.

FBaggins

(26,697 posts)
10. True... but also self-defeating
Thu Feb 4, 2021, 12:33 PM
Feb 2021

Those same facts make it too easy for him to get a change of venue.

Fiendish Thingy

(15,368 posts)
7. Garland hasn't been confirmed as AG yet
Thu Feb 4, 2021, 11:45 AM
Feb 2021

I think the indictment and prosecution of a former president would require top level leadership, don’t you?

I think they will focus on prosecuting the insurrectionists first, which will give them a ton of evidence on their states of mind and how Trump influenced and incited them to storm the Capitol.

I would hope DOJ would first indict Trump in the “Individual 1” Cohen/Mueller case, since the statute of limitations on those crimes expires in a few months.

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