“The Only Thing Worse Would Be Not Charging Him” . . . Barbara McQuade*

Photo by Colin Lloyd on Unsplash

I have written extensively on Trump’s crimes and those of some of his known co-conspirators, not just in the leadup to and Jan. 6 assault on the U.S. Capitol and constitutional order but throughout his presidency. My latest on the subject, What We Know Versus What We Can Prove About Trump, details a series of federal and state crimes we know Trump committed in the aftermath of the 2020 presidential election, but raises the question whether a prosecution could prove beyond a reasonable doubt the guilty act and guilty mind elements of those crimes. The guilty mind, or criminal intent, element is usually more difficult to prove than the criminal conduct, or guilty act, element of crimes. Since juries can’t read a defendant’s mind absent a confession or admission against interest that is corroborated by other evidence, the factfinder usually must infer criminal intent from surrounding facts.

Oil on Panel, Richard J Van Wagoner, Courtesy of Van Wagoner Family Trust**

Barbara McQuade recently gave us a compelling answer to Trump’s provable guilt. She is a former United States Attorney for the Eastern District of Michigan and current University of Michigan Law School professor. On February 22, 2022, Professor McQuade published a Model…