https://www.wsj.com/articles/donald-trump-indictment-2020-election-jack-smith-january-6-fraud-e0068c4f?mod=opinion_lead_pos1
Donald Trump’s post-election behavior in 2020 was deceitful and destructive, and his malfeasance on Jan. 6, 2021, was disgraceful, but was it criminal? That’s the claim in the extraordinary indictment issued Tuesday by a federal grand jury established by special counsel Jack Smith.
Democrats have long sought an indictment related to Jan. 6, but on that score what’s striking is what’s not in the 45-page document. There is no evidence tying Mr. Trump to the Oath Keepers or Proud Boys who planned to, and did, breach the U.S. Capitol that day. That was the worst offense against democracy, and more than 1,000 people have been prosecuted in connection with it.
Yet the indictment offers no new evidence to establish a connection between the riot and Mr. Trump beyond his well-known tweets and public statements. Surely Mr. Smith would have added this to his conspiracy charges if he had found such evidence. Mr. Trump is also not charged with encouraging an “insurrection,” which is the word and charge leveled by the press corps and Democrats.
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Instead the indictment charges one obstruction and three conspiracy counts related to what it claims was a broad effort to overturn the 2020 election based on “dishonesty, fraud, and deceit.” The indictment concedes that Mr. Trump “had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won.”