2022-05-31-布鲁金斯学会-特朗普受审_1月6日听证会和犯罪问题指南（英）_104页_1mb

TRUMP ON TRIAL: Summary

President Joe Biden legitimately won the 2020 presidential election, but Donald Trump lost, despite baseless claims of fraud disseminated by Trump and his allies. This report analyzes evidence related to potential criminal liability for Trump and his associates in connection with efforts to overturn the election and the January 6 attack on the U.S. Capitol.

I. Executive Summary

• Trump lost the 2020 election with 306 electoral votes to Biden's 305 after certifying results officially on December 14, 2020.
• The January 6 Select Committee's report indicates Trump and his circle likely committed an "agreement to commit an illegal act," supporting §371 criminal conspiracy charges.
• Three open investigations exist: the January 6 Committee, the Department of Justice (DOJ), and a Georgia grand jury.
• Potential federal charges include 18 U.S.C. §371 conspiracy and §1512(c) obstructing an official proceeding.
• Trump's actions show he knew he lost the election and specifically intended to obstruct the electoral count.
• Prosecuting Trump is critical for democratic accountability.

II. Factual Background

• Trump started spreading baseless election fraud claims before and after the November 3 vote.
• After Election Day, Trump and his allies:
  • Promoted an "alternate elector" scheme.
  • Pressured state officials like Georgia Secretary of State Brad Raffensperger.
  • Pressured then-Vice President Mike Pence to block vote counts.
  • Organized January 6 rally and supported violence during the Capitol attack.
• Trump knew he lost the election and knew his means (e.g., pressuring officials, advancing phony elector scheme) were dishonest, even though he disregarded repeated legal advice.

III. Potential Crimes

A. §371 Conspiracy (Defraud the United States)

• Requires agreement + intent to corruptly impede a lawful government function.
• Evidence shows Trump's agreement with John Eastman to obstruct the January 6 electoral count.
• Clark and Meadows are also assessed for possible conspiracy schemes.

B. §1512(c) Obstruction of an Official Proceeding

• Covers any attempt to corruptly obstruct, influence, or impede a proceeding like the electoral count.
• Evidence indicates attempts to coerce officials undermined the voting process.

C. Other Federal Charges

• Potential charges include coercion of political activity, using official position to interfere with elections, conspiracies against rights, and seditious conspiracy.

IV. Additional Defenses

• Trump and allies cannot use First Amendment arguments for “speech integral to criminal conduct.”
• The Second Impeachment acquittal defense is meritless.
• Advice of counsel does not excuse criminal intent.
• Attorneys like Eastman and Clark cannot claim zealous advocacy shields them from prosecution.

V. Conclusion

• Trump's campaign to overturn the election and incite the January 6 attack demonstrates potential criminal intent and substantial acts of obstruction.
• The January 6 Committee must assess its findings to determine whether formal criminal referral to the DOJ is warranted.
• Fulton County’s investigation also provides an avenue for state prosecution.
• Holding Trump and his allies accountable is necessary to preserve democratic integrity.