Legal Experts Weigh In On The HOLES In Trump's Indictment

While the indictment includes four new criminal charges, such as conspiracy to defraud the United States and obstruction of an official proceeding, it notably lacks accusations of conspiracy for incitement of the January 6th riot at the U.S. Capitol or a seditious conspiracy.

Jonathan Turley, a professor at George Washington Law School, highlighted this absence during an appearance on Fox News. Turley expressed his expectation that the indictment would contain evidence supporting the claims made by the January 6th committee, such as witness tampering.

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However, he found no mention of these allegations in the charges. Turley also noted the absence of charges related to incitement or seditious conspiracy, which were central to the Democrats' impeachment case against Trump.

Turley characterized the charges in the indictment as vague and typical of prosecutors. He accused Smith of attempting to connect Trump to incitement without directly charging him with it, a tactic he deemed inappropriate. Andy McCarthy, a former federal prosecutor, echoed Turley's sentiments, criticizing Smith for engaging in "low-rent stuff" by exploiting Jan. 6 to implicate Trump without charging him for incitement.

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McCarthy argued that if there is evidence of Trump's incitement, he should be charged accordingly. However, McCarthy, who successfully prosecuted a seditious conspiracy case in the past, expressed doubt that such a case could be made against Trump. He suggested that Smith's inclusion of a section in the indictment titled "exploiting the violence of Jan. 6" was a way to insinuate Trump's involvement without providing actionable evidence.

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The problem, as McCarthy pointed out, is that after announcing the indictment, Smith released a statement that heavily focused on Jan. 6 and accused Trump of inciting the violence. McCarthy viewed this as an attempt by Smith to prosecute Trump in the court of public opinion, rather than sticking to the core charges outlined in the indictment.

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McCarthy criticized Smith's speech as one of the most demagogic presentations he had witnessed in a high-profile criminal case. He argued that the emphasis on the Capitol riot and the injuries sustained by security personnel during the riot misled the public into assuming that Trump was being charged with carrying out the riot.

McCarthy emphasized that Trump is not charged with the Capitol riot in the indictment, suggesting that Smith's reliance on this narrative raises questions about the strength of his case.