by Jonathan Turley at Jonathan Turley
This week the January 6th Committee voted to make criminal referrals to the Justice Department, including the proposed indictment of former President Donald Trump. However, the Committee’s splashy finale lacked any substantial new evidence to make a compelling criminal case against former President Donald Trump. The Committee repackaged largely the same evidence that it has previously put forward over the past year. That is not enough. Indeed, the reliance on a new videotape of former Trump aide Hope Hicks seems a case of putting “hope over experience” in the criminal Justice system.
While still based largely on the failure to act, Rep. Adam Schiff (D., Cal.) insisted that “if that’s not criminal, nothing is.” The opposite may be true from a First Amendment perspective. If the failure to act is criminal, it is hard to see what would not be criminal under this standard.
After members like Schiff, again, promised new evidence to support criminal charges, the Committee continued its pattern of rehashing previously known evidence with network-quality videotapes.
The failure of the Committee to offer any new and direct evidence of criminal conduct was obvious at the outset. Vice Chair Liz Cheney began her remarks by again detailing what Trump failed to do. It was a repeat of the prior hearings and for some likely left the impression of actors who are refusing to leave the stage long after the audience departed.
The one new piece of evidence was largely duplicative. It shows former aide…
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