Under Section 241, Smith could charge Trump and his co-conspirators with trying to deprive voters in the 2020 presidential election of their rights. That includes both the nonviolent but illegal means Trump and his co-conspirators, such as lawyer John Eastman, urged upon Mike Pence, as well as the last resort when Pence refused: the use of mob violence. Through those courses of conduct, Trump, acting with one or more others, attempted to prevent Congress from certifying the election of the president that the voters had actually selected. The voters who were harmed could be just those who cast their ballots in states where Trump and his associates attempted to submit false slates of electors, or all the voters who cast a ballot for Joe Biden, or even every American who voted. But the essential fact is that these types of schemes Trump led would be a violation of Section 241 because of the principal objective and plan to prevent a proper counting of people’s votes, or to discard their votes outright. That kind of conduct is within the heartland of prior prosecutions under Section 241.
Friday, July 21, 2023
So Much Crimeing
More bad news for Joe Biden.