Jamil Jaffer on the DoJ Case Against Trump: They Were Thinking About an Insurrection Charge But Didn’t Charge It

EXCERPT:

JAFFER: "Well, you know, they have a decent case if they can prove all the facts of the indictment. I think the challenge they face is twofold. One, they don’t go — they come right all the way up to the line of thinking about an insurrection charge, they don’t charge it, right? That seems to be a defect, right? Jack Smith talked about it yesterday at his press conference. He starts out talking about the heroism of the Capitol Police, but doesn’t directly charge that offense in the indictment. On top of that, these questions of free speech, the indictment itself says the president can, you know, say these things, tell these lies if he wants to, but apparently it says he can’t go further and then conspire to obstruct the official proceeding or defraud the United States with his lies. That’s a gray line and a tough area, not one that is clear the Supreme Court might do it."