The 13 facts Trump can take into any Jan. 6 trial

By Michael Master

Did you read the three referrals made to the U.S. Justice Department by the Jan. 6 committee about President Trump, dated Dec. 19? Nothing new. All the same accusations and evidence used for the second impeachment of Trump. The committee claims that:

1. Trump obstructed Congress.
2. Trump incited/coordinated/participated in an insurrection (overthrow of the U.S. government).
3. Trump lied and committed fraud in his accusations that the 2020 election was stolen from him.

For any conviction to happen for those accusations, a prosecutor must prove to 100% of a jury that:

1. January 6 was an insurrection meant to overthrow the U.S. government.
2. Trump instigated/participated in such an overthrow.
3. Trump and the people who attended the Jan. 6 rally were not within their rights as per the First Amendment of the Constitution.
4. Congress was obstructed by the specific actions of Trump, that he was the cause of those folks walking onto the floor of Congress.
5. Trump did not have the right to speak his opinions about the 2020 election and that he deliberately lied and misled Americans.

Can a prosecutor get a jury to accept all five of those items to get 100% concurrence for conviction? Probably not. Less than 10% chance. Why? Because the defense for Trump will show that:

1. The FBI executives and especially the director of the FBI are on record that Jan. 6 was a riot and not an insurrection.
2. Trump never wavered from his opinion that the 2020 election was rigged/stolen.
3. Trump did not instruct those people to enter the Capitol building.
4. No guns were found on any demonstrators in the Capitol.
5. The only shot that was fired was by the police.
6. The only two people who were killed were killed by the police.
7. Less than on half of 1% of the attendees to the rally entered the Capitol building (more than 99.5% did not).
8. Trump clearly said to march “to” the Capitol peacefully so that your voices can be heard.
9. Guards opened the doors to allow the majority of those people to enter the building.
10. The First Amendment to the Constitution is clear that Trump and the rally attendees were within their rights to assemble and to ask that the electoral vote be stopped and sent back to selective states for verification that election processes were not unconstitutional (redress of grievances).
11. Two judges ruled more than a year later that the elections in Pennsylvania and Wisconsin were tainted and that their Electoral College votes should have been canceled, especially in Pennsylvania where an order by Justice Samuel Alito to separate ballots was ignored by state election officials.
12. The United States Senate already found Trump not guilty of these same accusations in the second impeachment.
13. This is just another attempt in a long list of failed attempts to stop Donald Trump and the MAGA movement.

Let me ask these simple questions: To actually overthrow the U.S. government (an insurrection), how many insurrectionists would it take to defeat the military, National Guard and police forces? Several millions? What weapons and military leadership would be required? What government infrastructure would be needed to replace the displaced government? Did those people who entered the Capitol have any of that?

It only takes one juror to stand in the way of any conviction of Trump. That is part of the due process guaranteed to all Americans in the Constitution the January 6 committee ignored as every member of that committee voted to impeach Trump (no congressman who voted “no” on impeachment was allowed on that committee). Can a prosecutor get 100% concurrence from a jury to convict Trump? Or is this just another political maneuver against MAGA? Are these folks on this J6 committee the ones who are actually committing fraud by gaslighting the American people?

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