The former White House chief of staff is one of several former Trump advisers who are cooperating with prosecutors.
When he alleged fraud and sought help from government officials, they say, Trump was exercising rights guaranteed by the First Amendment.
The new federal charges against Trump depend on the assumption that his claims were "knowingly false."
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Appeals in the January 6 cases raise serious questions about how broadly the statute should be applied.
The alleged state and federal felonies involve intent elements that may be difficult to prove.
That issue is central to Special Counsel Jack Smith's investigation of the former president's response to Joe Biden's victory.
It remains unclear whether the Oath Keepers leader had a specific plan to violently disrupt the electoral vote count on January 6.
Why the businessman launched a long shot campaign for the presidency.
Politics ruin everything, including the criminal justice system.
A jury convicted members of the Proud Boys without evidence of an explicit plot, let alone one that most of the rioters were trying to execute.
Video footage and arrest data indicate that most of the Trump supporters who invaded the building did not commit violent crimes.
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Don't Count on Criminal Prosecution To Hold Trump Accountable for His Egregious Post-Election Behavior
The final report from the January 6 select committee falls short of proving the elements required to convict the former president.
The leading possibilities include knowledge and intent elements that have to be established beyond a reasonable doubt.
Judging From These Verdicts, Stewart Rhodes' Seditious Conspiracy Did Not Involve Attacking the Capitol
The Oath Keepers leader was acquitted of two riot-related conspiracy counts but convicted of plotting to keep Donald Trump in office "by force."
Despite that evidence, it is hard to tell whether Trump actually thought he beat Biden.
January 6 Committee Wraps Summer Hearings With Footage of Hawley Fleeing, Detailed Account of Trump's Day
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Former President Trump's attempt to overturn the results of the 2020 election relied on three potential pressure points. This bill addresses all three.
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How Georgia's Outlandish Ballot Access Law Is Protecting Marjorie Taylor Greene (and the Two-Party System)
A ballot access law meant to block Communists has become an obstacle to third-party politics.
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
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"We enforce our policies equally for everyone," said a spokesperson.
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Normal criminal law covers the alleged acts without politicizing proceedings.