https://www.nationalreview.com/2021/12/the-latest-theories-of-criminally-prosecuting-donald-trump-remain-flimsy/
No, it is still not likely that Donald Trump can be indicted for January 6.
L ike Captain Ahab, the full-time Trump haters have fixated yet again on an idea for criminally prosecuting our 45th president. By “full-time Trump haters” I do not mean those of us who have remained consistently critical of Donald Trump, want him out of our politics, and have called for him to be held properly accountable, but rather the left-leaning Resistance and the former conservatives who have let the Never Trump slogan consume their entire political identity. Neither group can let Trump go, even for a little while, even at the cost of neglecting many of the other serious domestic and foreign issues facing the nation.
The obsessives have yet again been issuing flurries of “the walls are closing in” tweets and cable-news segments eagerly anticipating a criminal indictment of Trump. But tweets are no substitute for reading the law.
In a televised hearing on Monday, the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol was reviewing a set of text messages produced by White House chief of staff Mark Meadows, mainly detailing his communications on January 6 with people outside the Trump administration. The text messages underline the case for Trump’s political and moral responsibility for the January 6 Capitol riot. But where is the crime?
Liz Cheney, homing in on Trump’s failure during the critical hours to talk down the rioters or take more vigorous action to enforce the law, asked:
These texts leave no doubt: The White House knew exactly what was happening at the Capitol. Members of Congress, the press, and others wrote to Mark Meadows as the attack was under way. . . . Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congress’s proceedings?
If it sounds as if Cheney was quoting or paraphrasing a legal standard, it’s because she was. A number of commentators, including Harvard Law professor Lawrence Tribe, CNN legal analyst Elie Honig, and Daily Beast political-investigations reporter Jose Pagiery, have suggested that Cheney was making a case for prosecuting Trump under 18 U.S.C. § 1505.
If so, that’s a very difficult charge to make stick. There are two problems: It’s unclear whether that charge even applies and, if it did, it’s unclear whether Trump did anything that could violate it.