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Donald Trump Indicted for Conspiring to Defraud the United States

Yesterday, a Washington DC grand jury indicted Donald Trump for “for conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding”, aka trying to steal the 2020 presidential election. Heather Cox Richardson lays it out in plain English:

The Trump team used lies about the election to justify organizing fraudulent slates of electors in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. Allegedly with the help of Republican National Committee chair Ronna McDaniel, they attempted to have the legitimate electors that accurately reflected the voters’ choice of Biden replaced with fraudulent ones that claimed Trump had won in their states, first by convincing state legislators they had the power to make the switch, and then by convincing Vice President Mike Pence he could choose the Trump electors.

When Pence would not fraudulently alter the election results, Trump whipped up the crowd he had gathered in Washington, D.C., against Pence and then, according to the indictment, “attempted to exploit the violence and chaos at the Capitol” to overturn the election results. “As violence ensued,” the indictment reads, Trump and his co-conspirators “explained the disruption by redoubling efforts to levy false claims of election fraud and convince Members of Congress to further delay the certification based on those claims.” On the evening of January 6, 2021, the indictment alleges, Trump and Co-Conspirator 1 called seven senators and one representative and asked them to delay the certification of Biden’s election.

Here also is the full 45-page indictment, annotated by the NY Times (gift link). The gist of the indictment is, yes, the attempts that we all saw Trump making in broad daylight to stay in power despite his clear election loss were real, serious, and harmful.

One important aspect of the indictment that neither of them picked up on was pointed out by Adam Serwer on Bluesky:

The indictment makes clear that Donald Trump and his accomplices planned to seize power by force and then maintain that power through the mass murder of American citizens by their own military.

That sounds pretty serious โ€” here’s what the indictment says:

On the afternoon of January 3, Co-Conspirator 4 spoke with a Deputy White House Counsel. The previous month, the Deputy White House Counsel had informed the Defendant that “there is no world, there is no option in which you do not leave the White House [o]n January 20th.” Now, the same Deputy White House Counsel tried to dissuade Co-Conspirator 4 from assuming the role of Acting Attorney General. The Deputy White House Counsel reiterated to Co-Conspirator 4 that there had not been outcome-determinative fraud in the election and that if the Defendant remained in office nonetheless, there would be “riots in every major city in the United States.” Co-Conspirator 4 responded, “Well, [Deputy White House Counsel], that’s why there’s an Insurrection Act.”

And this:

Also on January 4, when Co-Conspirator 2 acknowledged to the Defendant’s Senior Advisor that no court would support his proposal, the Senior Advisor told Co-Conspirator 2, “[Y]ou’re going to cause riots in the streets.” Co-Conspirator 2 responded that there had previously been points in the nation’s history where violence was necessary to protect the republic. After that conversation, the Senior Advisor notified the Defendant that Co-Conspirator 2 had conceded that his plan was not going to work.

HuffPost explains who Co-Conspirator 4 is (top Trump DOJ official Jeffrey Clark) and what the Insurrection Act is all about. Co-Conspirator 2 is John Eastman, one of Trump’s lawyers.

Trump and his team were going to unlawfully (and immorally, I would argue) seize power and quell protests with military force by claiming there was a rebellion against the government or that public safety was at stake. Whether the military would have gone along with it (if Pence had chosen to play his part) is unknown, but it’s pretty incredible how close we came to the United States very quickly devolving into a dictatorship. This fucking traitor must be held accountable for his crimes and must not ever be allowed anywhere near any public office in the United States ever again.

Update: Updated the post to add a second passage from the indictment about the use of state violence to quell protest.