Election 2020

Ex-Prosecutor Says the Odds of Trump Being Prosecuted Have Skyrocketed and are ‘Significantly’ Higher Now

The ramifications of Cassidy Hutchinson’s testimony before the House January 6 committee on Monday are still being felt, especially since this has “significantly” raised former President Donald Trump’s chances of being prosecuted for his alleged role in the deadly riot at the U.S. Capitol building on January 6, 2021, Newsweek reports.

That’s what one former federal prosecutor is saying.

Hutchinson’s testimony provided some pretty amazing evidence of Trump’s actions and movements in the days surrounding the Capitol attack. Former federal prosecutor Renato Mariotti, in a lengthy Twitter thread, described the “legal significance” of Hutchinson’s testimony. You can read the rest of his discourse here.

Mariotti acknowledges that even though there’s been more than a few shocking revelations during Trump’s presidency, it doesn’t mean there will be “legal consequences.” But Hutchinson’s testimony is a game-changer. He notes that it “moved the ball forward significantly towards a potential DOJ prosecution of Trump.”

Hutchinson’s testimony was announced at the last minute, and it scuppered earlier plans to put additional hearings on hold until some time in July.

Glenn Kirschner, another former federal prosecutor has also weighed in before Hutchinson’s testimony, adding that the Justice Department will have “nowhere to go” except to charge Trump when the committee concludes presenting evidence that shows there was a coordinated effort to overturn the results of the 2020 election to prevent the transfer of power, Newsweek reports.

In his tweets detailing the legal strength of Hutchinson’s testimony, Mariotti warns that prosecutors may have to jump some pretty big leaps to hold the former president accountable for certain crimes. One of the bigger hurdles may be prosecuting Trump for allegedly inciting violence on January 6. There’s the possibility this may hit a wall because of the First Amendment.

“The Supreme Court has long held that only incitement to ‘imminent unlawful action’ is sufficient,” Mariotti posted. “The speaker had to know that the crowd would immediately break the law.”

What may be especially damning for Trump, is the part of Hutchinson’s testimony where she alleged Trump knew that some of those attending his January 6 rally in the Ellipse were armed with weapons and yet still wanted security to let them in. That, Mariotti suggests, may well be “the smoking gun” evidence that proves Trump hoped to incite violence.

“The DOJ will be understandably concerned that the Supreme Court (particularly the current court) would find that Trump’s speech was constitutionally protected by the First Amendment,” he tweeted. “But this evidence should be enough to make them consider an incitement prosecution.”

And another of Hutchinson’s revelations about Trump allegedly attempting to grab the steering wheel in the car after his speech at the Ellipse to head to the Capitol building only to ultimately be prevented from doing so by Secret Service agents may well give the DOJ the necessary ammunition for prosecuting him for trying to obstruct an official proceeding, Mariotti notes. If he really did do this, it shows that Trump allegedly hoped to make his way to the Capitol and would have been there if he weren’t stopped.

“That sheds a powerful light on his state of mind,” Mariotti said.

In an interview with Newsweek, Mariotti said Hutchinson’s testimony, coupled with what’s already known about the Capitol attack may mean there’s sufficient evidence to prosecute Trump though it may have to jump through a few First Amendment hoops.

“But that prosecution is now today plausible, and before her testimony was not,” he said.

It still remains to be seen how this plays out, but it’s gratifying to know that the evidence is piling up.

meet the author

Megan has lived in California, Nevada, Arizona, Texas, Louisiana, Mississippi, and Florida and she currently lives in Central America. Living in these places has informed her writing on politics, science, and history. She is currently owned by 15 cats and 3 dogs and regularly owns Trump supporters when she has the opportunity. She can be found on Twitter at https://twitter.com/GaiaLibra and Facebook at https://www.facebook.com/politicalsaurus


Comments are currently closed.