The People v. Donald Trump
From the moment the attack on the Capitol began, on January 6, 2021, Donald Trump’s moral culpability was clear. That mob would never have assembled on the National Mall but for Trump’s decision to relentlessly lie about the results of the 2020 election.
His legal culpability, however, was more ambiguous. We did not possess any evidence that he directly coordinated with the rioters prior to the invasion of the Capitol, and although his speech to the mob on January 6 itself admonished his followers to “fight like hell” and warned them that “you will never take back our country with weakness,” it also contained an explicit statement that they should march to the Capitol to “peacefully and patriotically” make their voices heard.
Also hovering over the legal analysis was a prudential calculation. Former presidents shouldn’t be prosecuted under
