The indictment of Donald J. Trump filed by special counsel Jack Smith on Tuesday is remarkable in too many ways to count. As Richard Hasen has argued, it may be the most important prosecution for American democracy that the nation has ever seen. And its outcome will inform not just the 2024 election but also the likelihood that future elections will result in the orderly, peaceful transfer of power.
It is for this reason that the singular role of lawyers in this particular indictment should not go unremarked on. All six (apparently unindicted) co-conspirators who are unnamed in the document appear to be attorneys. Several have been subject to state investigations or disciplinary actions for misconduct and misrepresentations around the 2020 election. And some of the most damning lines in the indictment come from other attorneys in Trump’s orbit who steadfastly stood up for the rule of law in the midst of the conspiracy, up to and including the Jan. 6 insurrection. One of the most chilling details of the indictment is an allegation that top Justice Department official Jeffrey Clark would have deployed the military to quell protests against Trump’s coup. After White House deputy counsel Patrick Philbin told Clark, “There is no option in which you do not leave the White House on Jan. 20,” Clark allegedly responded: “Well … that’s why there’s an Insurrection Act”—a law that would let Trump activate the armed forces against American citizens to achieve his seizure of power.
No comments:
Post a Comment