Once again, the former President has been indicted. This is the third indictment, with another one expected out of GA next week. Special Prosecutor Jack Smith released the charges from the January 6 Grand Jury late Tuesday afternoon. You can read the entire 45-page indictment here.
The TL;DR (Too Long; Didn’t Read):
Trump’s ego is his biggest problem. His refusal to admit defeat led him down this path. That said, it is entirely understandable that he didn’t trust the courts or many of his advisors after spending the last four years hounded by the Democrats and impeached twice on the flimsiest, often non-existent, evidence. However, his propensity to surround himself with Yes-Men and refusal to hear contrary evidence will wind up being his biggest downfall.
Also, expect co-conspirators Rudy Giuliani, John Eastman, Jeffery Clark, and Kenneth Cheseboro to catch a few charges down the road.
The Long Version:
(DISCLAIMER: I am not a lawyer, I just watch a LOT of law content on YouTube)
Trump has been charged with three counts of conspiracy relating to the various attempts to overturn the 2020 election results and one count of obstruction of an official proceeding, namely the certification of the vote. More interesting is what he has NOT been charged with. There are no charges related to inciting a riot or insurrection.
The first section of the indictment is the most outrageous. Smith continuously uses the term “knowingly,” which is a term related to “mens rea” or the intent of the person committing the alleged crime. It basically means that Trump KNEW that he was lying when he said the election had been stolen via fraud, etc. It will be a HIGH bar to vault over in court; to prove that Trump knew something in his heart and knowingly lied and misled the public. If Smith had gone with “recklessly,” which means that he ignored it when people tried to tell him he was wrong, the government would have a much lower bar and, frankly, a more straightforward case.
There will be a free speech issue brought up. Prosecutor Smith even admits in paragraph 3 of the indictment that the former President had every right to say whatever he wanted and even challenge the election.