CNN Chief Legal Analyst Jeffrey Tobin argued that the prosecution of the former president was “unfounded.” Donald Trump He also recommended restraint when making charges against the former president.
Published in CNN On Monday’s website, Toobin analyzed his possible allegations of Trump’s unfounded fraud accusations in the 2020 presidential election.
Tubin highlighted Trump’s alleged pressure on Acting Attorney General Jeffrey Rosen for his unsubstantiated allegations of voter fraud in Georgia and his publication on January 6 before the fatal riot in the Capitol. Investigation into the remarks.
Although Tubin pointed out that some “Outstanding Lawyers” think there is a “road map” Attorney general Merrick Garland In order to sue Trump, the legal analyst put forward a more cautious opinion.
“Based on the available evidence, there is no reason to sue Trump, or even to initiate a criminal investigation,” Tobin wrote.
Tubin then analyzed everything that could lead to Trump’s prosecution — the Insurgency Act, election fraud, obstruction of justice, the Hatch Act, and conspiracy to defraud the United States — and concluded that it is difficult to deal with this. A former president made charges.
Tubin wrote that the possibility of prosecuting Trump under the Rebellion Act prohibits people from inciting or assisting against the authority of the United States or its laws.
“Theoretically, Trump’s encouragement of congressional rioters on January 6 may be the basis for the charges against him. But there are two unsolvable issues,” Tobin wrote.
“First, Trump’s words were ambiguous. He urged the march to Capitol Hill, but he also discouraged violence. Second, he could argue that he was seeking Accurately count election results and maintain the rule of law, Do not seek to resist the authority of the United States,” he said.
Tubin came to similar conclusions on other possible prosecutions such as election fraud and obstruction of justice. He believed that Trump’s intentions were the key issue. At the time, he allegedly pressured Rosen to investigate voter fraud in Georgia. And delivered a speech on January 6.
“Again, the question will be proof of intent. Trump Will assert that he is seeking to uphold the lawIf you don’t violate it, it will be difficult for prosecutors to prove otherwise,” Tobin wrote of Trump’s interaction with Rosen.
He also argued that based on Trump’s comments on January 6, it may be difficult to bring charges of obstruction of justice.
“It can be said that Trump encouraged protesters to’hinder’ election counts, but he would argue that he did so to make the counts more accurate, not more corrupt,” Tobin wrote.
Tubin also said that although the Hatch Act stipulates that it is illegal to “intimidate, threaten, order or coerce” federal employees to engage in political activities, Trump can argue that he is ordering Rosen to uphold the law. Tubin pointed out that the criminal provisions of the bill are rarely invoked.
Finally, on the issue of conspiracy to defraud the United States, Tobin pointed out that Ministry of Justice The policy stipulates that only when a person makes a statement to a government agency that they know is “false, fraudulent, or deceptive”, will the United States be charged with conspiracy.
He wrote that Trump could argue that he did not lie to Rosen about voter fraud in Georgia, but only told what he believed to be true, which made prosecution difficult.
Tubin also warned against prosecuting the former president in general. He wrote: “A sign of modern despotism is the legitimate pursuit of the former leader by current officials. The United States has wisely avoided this cycle in its history.”
“It is certain that this approach has its limitations. Regardless of this tradition, the president’s common and obvious crimes should be prosecuted. But if the situation is critical, restraint is the better option,” he said.
“Investigation of the President’s misconduct, by Congress Like everyone else, it’s wise and even necessary,” Tobin concluded. “But the actual prosecution is not the case. Donald Trump should be the beneficiary of this tradition, even if he himself would certainly not provide it to others. This kind of grace. “
Weekly newspaper The office of former President Trump has been asked for comment.
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