Legal experts were astonished

Trump may have put himself in worse jeopardy.

Donald Trump’s incendiary call at a Texas rally for his backers to ready massive protests against “radical, vicious, racist prosecutors” could constitute obstruction of justice or other crimes and backfire legally on Trump, say former federal prosecutors.

Trump’s rant that his followers should launch the “biggest protests” ever in three cities should prosecutors “do anything wrong or illegal” by criminally charging him for his efforts to overturn Joe Biden’s 2020 victory, or for business tax fraud, came at a 30 January rally in Texas where he repeated falsehoods that the election was rigged.

Legal experts were astonished at Trump’s strong hints that if he runs and wins a second term in 2024, he would pardon many of those charged for attacking the Capitol on 6 January last year in hopes of thwarting Biden’s certification by Congress.

John Dean said it was the stuff of dictators, which of course applies to a lot of what Trump has said and done, in and out of office.

Dennis Aftergut, a former federal prosecutor who is of counsel to Lawyers Defending American Democracy, told the Guardian Trump “may have shot himself in the foot” with the comments. “Criminal intent can be hard to prove, but when a potential defendant says something easily seen as intimidating or threatening to those investigating the case it becomes easier,” Aftergut said.

Aftergut added that having proclaimed “his support for the insurrectionists, Trump added evidence of his corrupt intent on January 6 should the DOJ prosecute him for aiding the seditious conspiracy, or for impeding an official proceeding of Congress”.

Other than that he should be ok.

Ex-prosecutors say that Trump’s Texas comments are dangerous and could legally boomerang as the prosecutors appear to have new momentum.

“Our criminal laws seek to hold people accountable for their purposeful actions,” Paul Pelletier, a former acting chief of the fraud section at DOJ, said. “Trump’s history of inciting people to violence demonstrates that his recent remarks are likely to cause a disruption of the pending investigations against him and family members.”

Pelletier added: “Should his conduct actually impede any of these investigations, federal and state obstruction statutes could easily compound Mr Trump’s criminal exposure.”

Also, he’s pissing off the prosecutors, which is probably not a brilliant idea either.

Trump’s remarks resonated especially in Georgia, where former prosecutors say he may now face new legal problems. Former prosecutor Aftergut noted that [Georgia DA Fani] Willis understood the threat when she quickly asked the FBI to provide protection at the courthouse, and he predicted that the immediate effect on the deputy DAs working on the case would be “to energize them in pursuing the case”.

“You’re threatening us, Goldilocks? Ok, game on.”

In a similar vein, ex-ambassador Norm Eisen and States United Democracy Center co-chair said Trump’s call for protests in Atlanta, New York and Washington if prosecutors there charge him “certainly sounds like a barely veiled call for violence. That’s particularly true when you combine it with his other statements at the Texas rally about how the last crowd of insurrectionists are being mistreated and did no wrong”.

In other words he’s openly calling for a repeat of January 6 only worse. Let’s hope that backfires on him as opposed to succeeding.

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