In a recent interview with MSNBC, former U.S. Attorney and current law professor Barbara McQuade explained where the current climate of charging former President Donald Trump stands and was asked:
Is there an actual text or email from Trump ordering anyone to, sort of, literally breach the capitol and go attack lawmakers? and, if not, how crucial is that for trump as he faces the prospect of additional trials and scrutiny from the DOJ going forward?
This is going to be hard to prove, according to McQuade, but she gave a striking answer:
“Well, it’s important to separate the two missions. The one of Congress which is to tell the whole story, that one of DOJ which is to prove the crimes.
I have not heard the direct link that could make the case for seditious conspiracy for Donald Trump — certainly lots of circumstantial evidence. But I also think it does not matter, if they can prove other crimes, that will do the job.”
McQuade, in a previous MSNBC appearance, suggested that Trump could be charged with manslaughter for his role in the seven deaths connected to the January 6 attacks:
“If you can make that connection that this was a planned attack, you could supersede that seditious conspiracy indictment to add Trump or [Roger Stone] or anyone else who was involved in the planning,” she explained.
The other thing that is coming clear to me is there is a potential charge here against Donald Trump for manslaughter.”
“Knowing that this crowd is armed, he has a duty as the president of the United States, as the commander-in-chief to take care that the laws be faithfully executed, to call off that mob and do everything he can to stop it. Instead, he sits idly by during those 187 minutes.”