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Laurence Tribe appeared on Last Word with Lawrence O’Donnell tonight. Tribe made the argument for why the DOJ must indict Trump for his intent and involvement in the Insurrection coup to overturn the Election, given his recent statements and admissions. With the goal at minimum, to disqualify Trump from ever running for Office again, under existing Federal statutes. [18 U.S. Code § 2383 - Rebellion or insurrection — as noted by democratos in the comments below.]
Tribe, who was AG Garland’s law professor at Harvard, made a similar argument in writing a few days ago:
Trump's rally in Texas can ignore his fake electors scandal. The Jan. 6 committee won't.
by Laurence H. Tribe, professor of constitutional law at Harvard and Dennis Aftergut, former federal prosecutor, NBCNews.com — Jan 29, 2022
[...] Importantly, revelation of the phony electoral slates, together with a newly unearthed draft executive order that would have directed the Defense Department to confiscate voting machines, highlights the existence of something we have been calling “Plan A.”
This plan was the first phase of the Trump administration’s plot to overturn the 2020 election. The Capitol assault aimed at pressuring Vice President Mike Pence to subvert the certification of President Joe Biden’s victory — “Plan B” — would have been needed as a backup in the event “Plan A” failed. [...]
And it it is crucial for the Justice Department to connect the nonviolent and the violent halves of Trump's attempted coup. This would allow presentation of the whole picture to jurors if leaders are indicted.
At minimum, the criminal investigation of both parts of the plot involves potential charges under 18 USC §§ 371, 1512 and 2384 — defrauding the United States, “corruptly impeding” an official proceeding and seditiously conspiring against the government.
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The electoral slate scheme and the draft executive order to seize voting machines added pieces to the puzzle of all that was being planned behind the scenes before any insurrectionist stepped foot on the Capitol grounds.
[...]
We expect the Justice Department to investigate this scheme and to do so immediately if it has not started already. Should Congress change hands in 2023, it will surely amplify Trump's framing of the narrative as a witch hunt, complicating the task of any investigation, indictment or trial.
Nothing short of convicting Trump for his role in the insurrection will disqualify him from running again in 2024, and claiming the mantle of a martyred hero rather than of a disgraced and convicted insurrectionist.
[...]
Sounds like some sound legal advice.
The primary responsibility of the President of the United States is to uphold and defend the Constitution — not conspiring to overturn, impede, and make a mockery of it, at every turn.
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This just in, Trump was directly involved in the plan to seize the Voting Machines:
New accounts show that the former president was more directly involved than previously known in plans developed by outside advisers to use national security agencies to seek evidence of fraud.
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NY Times — 15 minutes ago.
Hope the DOJ is listening, weighing the evidence — and planning on dealing with the historic abuses of power of the former administration, the lengths of which, only continue to grow by the day.
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