We reported and opined earlier in the week that there are very few crimes that implicate people for failing to help others, and most that do involve children or protected persons. It would be difficult to convict Trump of failing to act as the MAGAs descended into the Capitol.

But Politico says that Liz Cheney is specifically trying to build that case against Trump, using the text messages to ask the critical question: Did Donald Trump’s actions amid the Capitol attack amount to criminal obstruction of Congress?

According to Politico:

 “Members of the Jan. 6 select committee are homing in on a politically explosive question: Did Donald Trump’s actions amid the Capitol attack amount to criminal obstruction of Congress?”

“To convict someone of that crime, a jury must determine that a defendant took an obstructive action, affected an ‘official proceeding’ and acted with ‘corrupt’ intentions.

There are several obstruction statutes in the criminal code, but the one deployed by prosecutors in Jan. 6 cases is among the most severe, carrying a whopping 20-year maximum sentence.”

Every crime centers around the “mens rea” (or “intent,” with the exception of strict liability like statutory r*pe), and the questions would focus around whether Trump intended that his horde descend into the Capitol and disrupt proceedings, which is why the committee has been seeking people who were in the room with him as the riots were unfolding to testify about his actions.

The committee is not going after small fish, either, they want the big one, as characterized by Rawstory:

“To convict someone of that crime, a jury must determine that a defendant took an obstructive action, affected an ‘official proceeding’ and acted with ‘corrupt’ intentions,” the publication writes. “There are several obstruction statutes in the criminal code, but the one deployed by prosecutors in Jan. 6 cases is among the most severe, carrying a whopping 20-year maximum sentence.”

It is both encouraging and sad that this is happening. It is encouraging that someone wants the truth and wants consequences if the truth proves to deserve them. It is sad that this investigation has not been done by DOJ, the law enforcement body and the one that McConnell referenced shortly after voting “Not Guilty” in Trump’s second impeachment.

McConnell said it was a law enforcement matter. And yet law enforcement is nowhere to be seen. It has been up to Cheney and the committee. They are taking their work very seriously.

****

[email protected] and Substack: Pence, Person of the Year