Column: Trump may be guilty of insurrection, but it's a tough charge to prove, prosecutors say

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Column: Trump may be guilty of insurrection, but it's a tough charge to prove, prosecutors say
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Trump faces a serious risk of criminal charges in the coming year, but maybe not the more ambitious ones that the House panel investigating the Jan. 6 attack suggested.

Voter attitudes toward immigration provide a key element of the nation’s political divide. Trump capitalized on the issue, but it will remain after he’s gone.“Ours is not a system of justice where foot soldiers go to jail, and the masterminds and ringleaders get a pass,” Rep. Jamie Raskin , a member of the committee, said last week.that could be brought against Trump:

“That’s the toughest case — the one I think no prosecutor will ever bring,” said Norman Eisen, who was a counsel to the House Judiciary Committee when it impeached Trump in 2019. That’s not simply a matter of professional vanity or risk aversion. Justice Department regulations require prosecutors to consider whether a case is likely to produce a conviction before they bring an indictment.“For a jury, simpler is better — always,” said Rosenzweig.

“It’s pretty easy to describe in a common-sense way to a jury,” said Donald B. Ayer, a former Justice Department official under President George H.W. Bush.The easiest of all, prosecutors said, could be a recommended charge that has received relatively little attention until now: conspiracy to make a false statement, based on the effort to send Congress bogus electors who would vote for Trump.

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