“Well, Kevin, I guess these people are more upset about the election than you are.”

With that one sentence, Trump might have convicted himself of sedition, or – at the very least, obstruction of Congress, a crime that carries up to 20 years in jail.

So says Tim Miller, one of MSNBC’s best legal analysts. Most of the Committee’s witnesses can provide indirect evidence, or what’s often called “circumstantial evidence” (which is perfectly good evidence, you build walls with bricks). Kevin McCarthy is the one that can provide direct evidence.

Everyone that ran through Congress that day could be charged with the obstruction of Congress charge, but that’s the big one, the felony. Some likely will. But prosecutors like to save the top crimes for the biggest fish, and Trump is big, whether, person, president, or fish.

As Miller explains, McCarthy can prove that Trump sat on his ass for 187 minutes not helping because he refused to help because he was on the side of the people upset about the election: 

Trump told McCarthy essentially that he is on the side of the domestic terrorists … that he is on the side of the people who were storming the Captiol, and that it was Kevin who was the one who was wrong because he wasn’t willing to stick with Trump like the supposed great patriots who stormed our Capitol in an attempt to overthrow the election.”

“I think that phone call is extremely relevant because it gets to not just what is publicly available that lets us know that Donald Trump is responsible for Jan. 6, but it proves that in Donald Trump’s mind, he knew that he was responsible, and he continued to act the way he did.

Not to play too much of a lawyer here, but it also proves that one of the reasons Trump withheld sending help for 187 minutes is that liked that these people were upset with the election and wanted to give them time to express their anger… time that obstructed Congress. It makes it less a conspiracy more of an “accessory after the fact.”

“I just delayed Congress!”

“Good, I’ll give you more time!”

“Great!”

That is the direct evidence that Tim Miller is talking about.

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Jason Miciak & Nicole Hickman