So why, at the end of a yearslong probe, did special counsel Jack Smith ultimately forgo charging Donald Trump with inciting one? In her 2023 ruling, Wallace said she was convinced Trump had “engaged” in insurrection, based on the harrowing evidence and testimony she’d considered. AdvertisementDisqualification hung on a persnickety distinction: Section III, or the insurrection clause, did not actually consider whether the president of the United States was considered an “officer” of the United States, Wallace found. To succeed in trying Trump for inciting an insurrection, they would have to prove subjective intent showing that Trump meant to cause the full range of violence that day. Before even touching the question of whether Trump incited an insurrection, prosecutors at minimum needed guidance on exactly what proof is required to establish that an insurrection took place, and how to distinguish an insurrection from a riot.

Source: Huffington Post January 15, 2025 12:21 UTC