Writes Jonathan Turley, “Jan. 6 committee has yet to establish a criminal case against Trump“:

[…] It is difficult to make a criminal case over what an official failed to do. Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. There were discussions of appointing Trump attorney Sidney Powell as a special counsel, seizing voting machines or replacing the Justice Department’s leadership. As unnerving as these proposals were, they also were not carried out.

It is the type of evidence used to show mens rea — “guilty mind.” However, crimes generally require both guilty minds and guilty acts. Building a criminal case on the failure to act to stop the violence is a notoriously difficult case to make.

[…] It is even more difficult when the House committee has blocked any serious investigation into the potentially contributing failure of Congress to take better precautions before the riot, another costly act of omission.

[…] Looking objectively at the evidence, the committee never supplied “credible” proof of crimes. That is not to say the evidence is not shocking; indeed, it is like a series of “jump scares” involving Trump and others raising unfounded or unconstitutional courses of conduct.

[…] The Jan. 6 committee has made a case against Trump personally and politically. It has not done so criminally.

Read the full article.

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