Before people get upset about not calling witnesses:
I think Democrats understand the chances have increased significantly over the past 24 hours of Trump being criminally prosecuted for Jan. 6 (with witnesses, a real judge, and full legal process).
Plus the Georgia call.
I think the House managers have done a great job. The problem is the Senate “judge and jury,” and as we’ve seen, the GOP Senators are only interested in obstruction and partisan spin.
Let prosecutors investigate and then - in a real courtroom - get a clean shot at questions.
I had said earlier and often that Trump would not face prosecution: the speeches themselves were *not* criminal incitement.
But now: new questions of contacts before and during the insurrection arose. I think a criminal investigation is now likely, and an indictment is plausible.
Incitement now turns not on his public speeches, but on the likely private communication behind the scenes amounting to conspiracy to incite riot and insurrection. The public speeches and phone calls during riot go to intent:
18 USC §2101
https://www.law.cornell.edu/uscode/text/18/2101
5/ if this Senate trial called witnesses now:
1) It would have been an unprepared circus;
2) that GOP Senators would use to their advantage to muddy up the testimony and taint the testimony in bad faith;
3) and decrease legitimate need for prosecution. Only 1 bite at this apple.
6/ If I were a state or federal prosecutor in Georgia, I would indict on election fraud based on Jan 3 phone call...
AND call witnesses on Trump’s conduct before and during Jan 6 riot as evidence of mens rea/frame of mind (the call was clear enough but needs context).
8/ I add @danielsgoldman's helpful thread, too. I agree, *except* I think the "incitement" case would've been a lot stronger with more direct evidence of conspiracy before & abuse of the threat during the riot.
That's important for the crim process. https://twitter.com/danielsgoldman/status/1360963234778537986?s=20
You can follow @jedshug.
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