(New York) As a former United States Attorney in Michigan, Barbara McQuade knows well the workings of American justice, and in particular the department which will be called upon to indict Donald Trump or not for his role in what the commission of the 6-Janvier called it an “attempted coup”. The Press spoke with the one who is now a professor of law at the University of Michigan, to gather her impressions of the first hearings of the Commission.
Posted at 5:00 a.m.
Q: Members of the January 6 commission seem determined to convince the US Department of Justice to file criminal charges against Donald Trump. How are they doing?
A: They haven’t finished yet, of course, but so far I think they’ve presented a compelling case. Obviously, when you pursue a criminal case, it has to be proven beyond a reasonable doubt before a unanimous jury. It is a heavier burden.
However, I think they did a great job presenting evidence of Donald Trump’s criminal intent, i.e. he knew what he was saying was a lie. He knew he lost the election, but he kept telling people the election was stolen. I found last Monday’s hearing did a great job of showing loyal and trustworthy advisers who told him he had lost the election. That [l’ancien procureur général des États-Unis] William Barr had to say was more exhaustive and devastating than I expected.
Q: What charges could be brought against Trump?
A: I think there are three possibilities. The first charge allegedly charges Trump with participating in a conspiracy to obstruct an official process, in this case the certification of the 2020 presidential election by Congress on January 6, 2021.
The easiest way to prove this charge is the effort to convince Mike Pence not to certify the election. Trump pressured the vice president to refuse to do the job he was supposed to do under the law and the Constitution. And he based his claim on a lie.
This would be enough to show that his mindset was corrupt and wrongful and that he did something to try to prevent the legal functioning of government. Trump could also be charged with conspiracy to defraud the United States government.
Q: What is it?
A: This is an accusation that could be based on the same evidence as the first. Trump pressured Pence to refuse to certify the election knowing he was doing so based on a lie.
But it could also encompass broader behavior, like asking states to submit alternative voter lists based on a lie, trying to persuade the American public that Dominion Corporation voting machines were swinging votes from Trump to Biden, pressure [le secrétaire d’État de la Géorgie] Brad Raffensperger to “find” 11,780 votes.
Finally, Trump could also be charged with seditious conspiracy, which members of the Proud Boys and the Oath Keepers have already been charged with. It would have to be proven that Trump agreed with at least one other person to use force to prevent the votes from being certified on January 6, 2021. So far I don’t think we have any evidence showing that Trump was linked to these groups, but it could come.
Q: Do you believe indicting Donald Trump is desirable?
A: It is a very difficult decision. On the one hand, it would set a dangerous precedent. Do we want to be the kind of country where every president considers bringing criminal charges against his predecessor?
On the other hand, if they have enough evidence to show that Donald Trump tried to subvert our democracy, I think it’s so bad that it can’t go unanswered.
It seems to me that when you put those two things on a scale, you just can’t ignore harmful behavior. One of the reasons we prosecute criminals is to discourage this behavior. And I think we need to do everything we can to hold people accountable to discourage this behavior in the future.
Q: Do you have any reason to doubt that US Attorney General Merrick Garland has what it takes to make the right decision?
A: I have no reason to doubt it. In fact, I think he’s doing well, because if he does file criminal charges, it’s going to be all the more devastating because he’s followed the rules, kept himself above the fray, and He will not have made any public comments until the charges are filed.
A long-awaited witness
On January 2, 2021, Donald Trump called Georgia Secretary of State Brad Raffensperger, the state’s election planner, to ask him to “find 11,780 votes,” enough to beat Joe Biden in the Peach State.
Raffensperger not only resisted the president’s pressure, he recorded the conversation. And he will testify Tuesday before the January 6 Commission on the appeal, which has already prompted the Fulton County, Georgia, prosecutor to open a criminal investigation into Trump and members of his entourage.
Raffensperger will be joined by his right-hand man, Gabriel Sterling, who also faced pressure and threats from allies and supporters of the former president after the 2020 presidential election.
France Media Agency