NBC News legal analyst : - DOJ Likely Building Conspiracy Case Against Trump
Category: News & Politics
Via: john-russell • 3 years ago • 16 commentsBy: Tommy Christopher (Mediaite)
S E E D E D C O N T E N T
By Tommy ChristopherJan 30th, 2021, 1:47 pm
MSNBC and NBC News legal analyst and former federal prosecutor Glenn Kirschner told SiriusXM host Dean Obeidallah that the Justice Department is likely building a grand jury case against Donald Trump for seditious conspiracy and incitement of the Capitol insurrection.
On Friday's edition of The Dean Obeidallah Show, the host talked with Kirschner about progress on the investigation into the deadly Capitol insurrection.
Kirschner, a former federal prosecutor, expressed confidence that Trump would be brought to justice, with help from the participants in that deadly attack:
I think we're waiting for a law-abiding Department of Justice to gel. The acting attorney general is actually a friend and former colleague of mine at this moment, and he's a good man, he's an honest man, he has always done his best by the American people for the decades that he's been in public service, but I do think he's a placeholder, and I do think maybe the Southern District of New York, which is of course an arm of the Department of Justice, may be waiting for Merrick Garland to get in place so they can begin to pull the trigger on indictments.
So here's the flip side of the coin, because everything is making, I'm making everything sound pretty dire. I do believe that the U.S. Attorney's office for the District of Columbia, my former professional home for decades, is in the grand jury aggressively investigating the insurrection.
And Dean, everyday around the country, FBI agents are locking up insurrectionists, and what they do is they take them back to the local FBI field office, they mirandize them, if they wave their Miranda rights, they interrogate them, they get them to confess, and all of these insurrectionists are weak human beings for the most part, or they wouldn't need to beat people with flagpoles and strap long guns across there big old bellies.
And after they confess, they will ask the motive question, why did you do this? Indeed, every last one of them will be saying the same thing.
"Donald Trump told me to. He told me that people in that building up the street that he was going to march on with us, he punked out, they stole my vote. They stole our election. And he told us to go in there and stop them."
Well first of all, that's inciting insurrection, and second, what that does, is it's building a case against Donald Trump and Don Jr. and Giuliani for, among other things, their pep talk telling these insurrectionists to get up the street and get into the capital.
So here's the good news. I think that all of my friends and colleagues at the DC U.S. Attorney's office are working night and day to build a seditious conspiracy case, and incitement to insurrection case against Donald Trump and the others, and not to argue against myself, and the argument is Donald Trump should be locked up right now, I also acknowledge because I've done it a hundred times, that building a big conspiracy case in the grand jury takes time. The question is, how much time do we have before Donald Trump launches his second attempt at insurrection?
Watch the clip above, via SiriusXM.
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After he threw the first bunch of seditious rioters under his bus, I don't think too many will participate again now that many of them have lost their jobs and are facing long prison sentences.
Wish I could agree with you. But too many of those that went to the Capitol building, and to Trump rally's are just waiting for the match to be lit. They are too cowardly to do it themselves, but are just begging for someone to kick off a mob mentality and give them marching orders.
Wasn't Glenn Kirschner the guy who said after Trump pardoned Flynn that he hoped Judge Sulivan sets a hearing on whether this pardon is corrupt and hence illegal/void?
Judge Sullivan is a fool.
Or should that be a left wing tool?
Yeah, I was hoping for somebody else to respond.
Kirschner seems to be such a legal eagle that he doesn't seem to understand that a presidential pardon is or how it works.
This story / seed is just another in a long line of "we got him now" stories.
It is time to show the world that we hold people accountable no matter what their wealth or status is. If he is found guilty of sedition, new charges of manslaughter under reckless endangerment should be brought for the death of the LEO.
Great Paula - I wanna see Lyndon Johnson, Bill Clinton, Hillary Clinton, Dick Cheney, Barack Obama, Jerry Brown, etc., get the exact same treatment and charges given to Hussain and Gaddafi for their sedition and killing, without trial, of millions of people in other countries.
Think that'll happen?
bwah ha ha ha, I hope merrick garland has a 5 year long list of scores to settle.
And if he does, it would be the perfect example of why he isn't qualified to sit on SCOTUS.
"Donald Trump told me to. He told me that people in that building up the street that he was going to march on with us, he punked out, they stole my vote. They stole our election. And he told us to go in there and stop them."
Are there actual videos or audio tapes of said words?
"He said" hearsay allegations might gain some traction in the court of public opinion, but not in courts of law
try checking the birther file ...
"Donald Trump told me to", is not hearsay.
Are there actual videos or audio tapes of said words?
Don't know, why don't you ask some of 1st hand witnesses if there are.
Otherwise there are hundreds of videos of Trump rallies where he supports violence.
BTW, have you given up on your hearsay argument now?
It's much harder to get a conviction in a court of law. This goes back to the SCOTUS case Brandenburg v Ohio. To convict Trump in a court of law the prosecution would need to prove that Trump intended to provoke violence. But his words were vague enough and he did use the phrase about peacefully protesting so it's highly unlikely any such conviction could occur. It's unlikely there would be any prosecution as most prosecutors would be hesitant to take such a case.
How hard would it be to prove intent, actual intent. Add in that he did also state
So I am doubtful there will be any legal action against Trump for this. Political speech is highly protected speech, it has to be. If they were to try to hold all politicians accountable for inflammatory speech Congress would be mostly empty.