Donald Trump Supporters Storm The Capitol Building on January 6th, 2021, during their insurrection

Donald Trump Referred For Criminal Prosecution

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  A crowd of seditionist supporters of Donald Trump attacked the Capitol Building on January 6, 2021, some armed with guns, baseball bats, zip-ties, gas masks, and riot gear. The January 6th Committee has referred Trump and some of his closest allies to the Department of Justice for criminal prosecution.

Understand the Events on Jan. 6

     Almost a year has passed since we watched an attack on the very foundation that shapes our democracy–large crowd of protestors violently attacked the nation’s Capitol in an effort to stop the certification of a valid election and overthrow the government in support of Donald Trump and the Big Lie that what many people may say, has created a cult-like devotion and turned Trump into some sort of demi-god in the minds of those who follow him off the cliff he now faces himself on. More than 140 officers were injured, some killed, and some officers took their own lives shortly thereafter.

On Monday — the second anniversary of Trump’s Twitter post urging his followers to come to Washington in the wake of legitimately losing an election to current President, Joe Biden, promising it “will be wild!” — the January 6th Committee concluded its case using the House to call for Donald Trump to be held criminally liable for his actions and making the case that he should never again be allowed to hold power. Their report was damning:

  Donald Trump, on election night and continuously thereafter lied to his followers, provoking the violence that occured on January 6, 2021, even aftert he had lost dozens of election lawsuits regarding election fraud, and alleges that Donald Trump then refused to concede, plotting to overturn the election outcome, in the face of its illegality. The report continued by stating Donald Trump had urged then Vice-President, Mike Pence, to overturn the election by simply refusing to count the votes during the Congressional session. Pence refused and continued to do his job of certification of the legitimate election, despite chants outside to hang Mike pence from the January 6th insurrection, who had assembled a makeshift gallows. Trump later applauded these chants for the hanging of Mike Pence.

     The damning report continued to condemn Donald trump for attempting to manipulate the United States Department of Justice and enlist their help asking them to make false statements to overturn the election. The DOJ refused to do so, so Trumpinbstated Jeff Clark as acting Attorney General, and Donald Trump knew Jeff Clark would cooperate in efforts to overturn the election by dissemination of false information. Donald Trump reached out to and unlawfully pressured state oficials and legislators to change the results in their states, most famously, Georgia, and was recorded on the phone doing so. Donald Trump also tried to insert fake electors into local state election offices with falsified electoral certificates, with the goal of transmitting those certificates to Congress and the National archives, and then continued to pressure members of Congress to invalidate the valid election of their respective states.

The January 6th Committee found that Donald Trump purposely provided false information to Federal Courts, which is a felony, and then summoned the mob that attacked democracy on January 6th, 2022, instructing them to march to the Capitol on January 6th to “take back” their country. Many of whom have been sentenced for their actions, such as Garrett Miller, stated during court tha they firmly believed they were obeying a lawful order from whom they viewed to be the “Commander-in-Chief”. Garrett Miller brought a gun in to the United States Capitol, encouraged the assassination of Alexandria Ocasio-Cortez, and threatened to lynch Capitol police officers. Later apologizing during his plea, he pled guilty to 9 of the 13 charges against him, and is awaiting sentencing for seditious conspiracy, a civil-war era law reserved for the most harshest of traitors.

     The Committee held that Donald trump knew that violence was occuring at the Capitol, and had a lawful duty to ensure that laws were faithfully executed, and refused multiple requests that he instruct his violent mob to disperse, instead, sitting peacefully watching the attack on democracy on television. The January 6th Committee found that the intelligence community and law enforcement agencies successfully detected the planning for potential violence on January 6th, 2021, and shared that knowledge with the Secret Service and Donald Trump.  What the intelligence agenices did not find, however, was the right-wing conspiracy that Antifa, an ideology that literally means someone is anti-fascism, or other left-leaning groups would engage in violence, and instead were instructing like-minded individuals to stay at home, and that none of the groups were involved in the attack on the Capitol on January 6, 2021. They found that Donald Trump would spontaneously instruct the crowd, and instigagated the violence towards Mike Pence via Twitter.

The January 6 Committee also found that the Capitol police, nnumbered in the hundreds, bravely fulfilled their duties to attempt to protect lives and the democratic process, but lacked the assets in place to address the violent and lawless crowd. They found that the Capitol police had now way to anticipated the scale of the violence that would occur. They acknowledged that Capitol Police Chief, Steven Sund raised the idea of bringing in National Guard Support. However, only the President and Governors can call upon the National Guard in an emergent event. They found that the Metorpolitan police, a different law enforcement agency that protects Washington, D.C., deployed around 800 officers, and that the angry violent mob of insurrectionests still managed to break their line after Donald Trump tweeted further instruction. The DOJ sprang into action proactively, activiating a group of federal agents at Quanitico and in Washington D.C., and then deployed those agents in what little support they could ultimately give for the protection of lives and the democratic process. They concluded that Donald Trump had the authority, and utilimately, the responsibility to deploy the National Guard that day, but failed to do so on January 6th, 2021. The January 6th Committee also found that Donald Trump failed to instruct any other federal law enforcement agency to assist in quelling the attack on our nation that he ultimately encouraged and provoked.

  According to US authorities, 140 officers were assaulted during the January 6, 2021 insurrection. More than 800 people have been charged with crimes ranging from trespassing and assaulting police, to seditious conspiracy. Some are in prison, some awaiting trial, and some await sentencing.

                               So What is Donald Trump Ultimately Charged With?

  • Obstruction of an official proceeding;
  • Conspiracy to defraud the United States, which entails “two or more people conspiring to commit any offense against the United States, or to defraud the United States, or any agency thereof”;
  • Conspiracy to make a false statement; and 
  • Insurrection, which relates to incitment of, assisting in, or engaging “in any rebellion or insurrection against the authrority of the United States.”

Donald Trump faces up to forty years in prison, thousands in fines, and a prohibition on ever running for office again if he’s convicted on the four federal charges leveled against him by the January 6th committee on Monday.

         Beyond prosecution, the report cites members of Congress who failed to comply with subpoenas issued to them, which the committee will refer to the House Ethics Committee for further action. This includes House Minority Leader Kevin McCarthy (R-Calif.), Jim Jordan (R-Ohio) and Scott Perry (R-Pa.), among others.

     Donald Trump, despite the advice of nearly every Republican, insisted on declaring a 2024 presidential campaign a week after the midterms, like it would be some sort of shield against potential indictments and after his Trump Organziation was found guilty on all counts of tax fraud. Aside from one speech blandly read from a teleprompter, Donald Trump has held no public political events in the nearly five weeks since he announced his campaign. Though his lawyers will likely advise him to remain silent during the DOJ investigation against him, time will tell if he takes their advice. They say that history repeats itself, and we know that Trump has repeatedly ignored the advice of those around him during the Mar-A-Lago fiasco over stolen classified documents. His arrogance lead to his downfall, even in the eyes of some of his most (former) adament supporters. 

About Post Author


Deric Lostutter is a blogger, media personality, paralegal, aspiring lawyer, law student, and formerly incarcerated political activist living in Kentucky with his wife and child.

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