Trump also made some evidentiary arguments against the claim that Trump incited the attack. Trump argued, for example, that rioters planned their attack in advance, and so couldn’t have been incited by Trump. As noted, SCOTUS interpreted 18 USC 1512(c)(2) in a way that may imperil Smith’s ability to tie Trump to the actions the mob took via his obstruction charge. If Jack Smith had charged Trump with inciting insurrection on August 2023, the case still would have gone to SCOTUS. Merrick Garland might yet charge Trump with insurrection.

Source: Washington Post November 04, 2024 19:47 UTC