it’s is now remotely possible that DJT will discover that in our country, n

ICYMI: The House Jan. 6th Committee dropped this bomb last night:

A. Obstruction of an Official Proceeding The evidence detailed above provides, at minimum, a good-faith basis for concluding that President Trump has violated section 18 U.S.C. § 1512(c)(2). The elements of the offense under 1512(c)(2) are: (1) the defendant obstructed, influenced or impeded, or attempted to obstruct, influence or impede, (2) an official proceeding of the United States, and (3) that the defendant did so corruptly. Id. (emphasis added). To date, six judges from the United States District Court for the District of Columbia have addressed the applicability of section 1512(c) to defendants criminally charged in connection with the January 6th attack on the Capitol. Each has concluded that Congress’s proceeding to count the electoral votes on January 6th was an “official proceeding” for purposes of this section, and each has refused to dismiss charges against defendants under that section

All the usual caveats are in order. There is no guarantee that Congress will make a criminal referral to the Department of Justice; no guarantee that the DOJ would empanel a grand jury or that the jury would indict the former president.

And we are very far from an actual trial of United States v. Donald J. Trump, et al.

But I do think that it is reasonable to consider this a BFD, because it confirms that the committee has been moving relentlessly toward developing a case that Donald J. Trump committed criminal offenses as he conspired to overturn the presidential election.

Via today’s NYT:

The House committee investigating the Jan. 6 attack on the Capitol said on Wednesday that there was enough evidence to conclude that former President Donald J. Trump and some of his allies might have conspired to commit fraud and obstruction by misleading Americans about the outcome of the 2020 election and attempting to overturn the result.

In a court filing in a civil case in California, the committee’s lawyers for the first time laid out their theory of a potential criminal case against the former president. They said they had accumulated evidence demonstrating that Mr. Trump, the conservative lawyer John Eastman and other allies could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.

Via the Wapo:

“The facts we’ve gathered strongly suggest that Dr. Eastman’s emails may show that he helped Donald Trump advance a corrupt scheme to obstruct the counting of electoral college ballots and a conspiracy to impede the transfer of power,” the committee’s chairman, Rep. Bennie G. Thompson (D-Miss.), and vice chair, Rep. Liz Cheney (R-Wyo.), said in a statement.

Here’s Neal Katyal, former acting solicitor general:

Neal Katyal @neal_katyal

I cannot remember the last time a Congressional Committee accused a President--in a court filing--of committing felonies. This isn't loose talk, it is a solemn court document, subject to all sorts of sanctions for misrepresentations, and backed by evidence they have uncovered.

Neal Katyal @neal_katyal

This is big. 1/6 committee just said they have a good-faith belief that Trump committed crimes. "The Select Committee also has a good-faith basis for concluding that the President & members of his Campaign engaged in a criminal conspiracy to defraud the US in violation of § 371" https://t.co/i6RngpZ0Nt

The committee also released new evidence showing how officials tried desperately to tell Trump that his allegations of fraud were false:

Jacqueline Alemany @JaxAlemany

Some of the ways in which Acting Deputy Attorney General Richard Donoghue tried to inform Trump that his claims of election fraud were unsubstantiated: "And I said, no, sir, there is no suitcase. You can watch that video over & over; there is no suitcase."

Also: new, dramatic emails from January 6. “And thanks to your bullshit, we are now under siege.”

Jan Wolfe @JanNWolfe

Check out this email a Pence adviser sent to Trump's lawyer on Jan. 6. It "very respectfully" rips apart the Trump team's legal analysis, and then ends with: "And thanks to your bullshit, we are now under siege. Sent from my iPhone."

Meanwhile: The feds got their first guilty plea in a case of seditious conspiracy.

Joshua James, one of the 11 Oath Keepers militia affiliates indicted earlier this year on a charge of seditious conspiracy alongside the group’s founder, Stewart Rhodes, on Wednesday became the first person to plead guilty to the sedition-related charge in connection with the storming of the Capitol on Jan. 6, 2021.

Under a plea deal revealed at a hearing on Wednesday evening, James has agreed to cooperate with prosecutors, who appear to view him as an important witness against Rhodes.

Exit take: Try not to indulge in any irrational exuberance, but it’s is now remotely possible that DJT will discover that in our country, no one is actually above the law.

it’s is now remotely possible that DJT will discover that in our country, n

“Obstructed, Influenced, or Impeded”

The Jan. 6th Committee is coming for Trump.