Maybe they are hiring over at Fox News, not that anyone here would work over there, but their legal analyst, former federal prosecutor Andrew McCarthy believes that Trump will be prosecuted and when he had to point to the critical evidence, he went straight at the same facts that we’ve noted for two days and did not mention the inflammatory stuff that we pointed out as powerful but not the critical evidence of a crime.

We have spent two days saying that the image of Trump leaning over and trying to commandeer the steering wheel and going for the throat of the Secret Service agent, is incredibly powerful evidence as imagery. But it’s not the critical evidence of the crime itself. As we have been writing, McCarthy sets out the actual evidence of the crime:

“Trump was clearly aware just moments before he took the podium that you had a mob of heavily armed people. The critical thing he says is ‘they’re not here to hurt me,’ which implies that in his mind, he knows they’re here to hurt someone.

“And the second thing he says, which I don’t think has gotten enough attention, ‘they can come in, they can hear me, and then they can march to the Capitol.’

It has gotten plenty of attention here, that’s where we said the “intent” to commit a crime came about, or at least that constitutes the evidence of his intent to commit a crime. McCarthy went on:

“So he’s very aware that you have a mob that’s armed to the teeth that he is planning to encourage to march on the Capitol.

“And then as the testimony ensues, we find out that he not only intended them to do that, he wanted to participate, he actually wanted to lead them down there.

“That knowledge opens up the possibility that you could prosecute for aiding and abetting the intimidation of federal officials, which is a pretty serious crime.”

No, not just intimidate federal officials. This is where we depart. Trump may have meant to intimidate federal officials (Mike Pence), what happened, however, was that Trump’s troops fought “troops” (Capitol Police) of the United States. He intended to levy war against the U.S. and was part of a conspiracy to do so.

Later in the interview, when asked if he believed Trump would be prosecuted, McCarthy said, “I do now.”

LISTEN:

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[email protected], @JasonMiciak, with Nicole Hickman