Even by the lower standard of proof in civil litigation, the case against Trump for inciting insurrection isn’t very strong. From Jonathan Turley at jonathanturley.org:
Below is my column in USA Today on the calls for criminal charges against former president Donald Trump and what is still missing from viable prosecutions. In the meantime, civil lawsuits have been filed including one by Rep. Bennie Thompson alleging that Trump and others incited the riot on January 6th. Those civil lawsuits have the advantage a lower standard of proof than criminal prosecutions. If some cases can be sustained past motions to dismiss, they would also allow for discovery though those fights could draw out the litigation. However, Democrats may also be laying the foundation for Trump to claim vindication in defeating such cases in courts. Despite the assurance of the same legal experts of a strong case for prosecution, made-for-television cases do poorly in actual courts of law. What makes for good politics does not always make for good cases. However, bad cases can make for some really bad politics.
Here is the column:
With the acquittal of former President Donald Trump in the Senate, many are calling for criminal charges for everything from incitement to racketeering to bank fraud. Legal experts on CNN and MSNBC seemed to appear like crisis counselors after the acquittal to assure viewers that all was well because Trump can be clearly prosecuted and convicted.
The question is how serious a prosecution threat is Trump facing. The answer is that the basis for such charges has been wildly overstated and that, without additional evidence, Trump is not looking at a trip to the hoosegow any time soon. According to The Associated Press, the Justice Department is not pursuing Trump on the much discussed campaign finance allegations tied to payments to porn star Stormy Daniels.
So let’s look at the two major threats of prosecution and what it would take for a credible prosecution.