This is why it will be very difficult to convict Trump in court over January 6 protests
This is why it will be very difficult to convict Trump in court over January 6 protests
I am not a lawyer, but this is what I found doing a little research based on the four counts announced by Jack Smith yesterday. These charges are in relation to the January 6, 2021, protests at the US Capitol in Washington DC during the certification of the presidential election victory of Joseph R. Biden Jr. Although Mr. Smith sounded confident during his brief remarks, proving the allegations in court would be difficult, according to my little research below:
1- Conspiracy to Defraud the United States
Meaning: This charge typically refers to an agreement to cheat the government out of property or money or to interfere with the functions of governmental agencies.
Difficulty in Proving: Proving a conspiracy requires evidence of an agreement between two or more persons to engage in fraudulent conduct. The prosecution must show intent, and that can be challenging, particularly if communications between the conspirators are not explicit or if there is no paper trail.
2- Conspiracy to Obstruct an Official Proceeding
Meaning: This charge involves an agreement to obstruct an official proceeding, such as a judicial or congressional hearing.
Difficulty in Proving: Similar to the previous count, this requires proof of an agreement to obstruct and evidence of specific intent to do so. Defining what counts as "obstruction" can sometimes be open to interpretation, and demonstrating that the defendants acted with the requisite intent can be complex.
3- Obstruction of and Attempt to Obstruct an Official Proceeding
Meaning: This count involves the act (or attempt) of hindering the due and proper administration of the law during an official proceeding.
Difficulty in Proving: Unlike conspiracy, this count doesn't necessarily require an agreement with others. However, it still requires proof that the defendant acted with the specific intent to obstruct the proceeding, which might be tough to prove if there are alternate explanations for the defendant's actions.
4- Conspiracy Against Rights
Meaning: This charge is typically related to conspiring to injure, oppress, threaten, or intimidate someone in the exercise or enjoyment of any right secured to him/her by the Constitution or laws of the United States.
Difficulty in Proving: Establishing this count involves showing a conspiracy to infringe upon specific rights, identifying the rights involved, and providing evidence of an agreement to violate those rights. It's a multi-layered charge that can become complex, depending on the rights allegedly infringed and the nature of the evidence available.