The Democrats have called for Donald Trump to be jailed on so many different pretexts, it’s hard to keep track of them all.
One of MSNBC’s anti-Trump legal pundits has a wacky new theory that Trump could be charged with manslaughter over January 6th.
The left’s wacky new theory
Former prosecutor Barbara McQuade floated the argument to anchor Nicole Wallace as a backup to charging Trump with “conspiracy to defraud the United States” by pressuring Mike Pence to throw out the 2020 election results.
“There actually is an interesting legal theory here for manslaughter, which Federal law defines as a death that occurs on federal property when a person acts with a recklessness mindset or even gross negligence,” she said.
“And so Donald Trump, unlike most ordinary citizens, has not only a duty not to do something bad, but an affirmative duty to take action to protect people.”
In an article elaborating on the sketchy theory, McQuade conceded that Trump’s passionate political rhetoric on the day of the riot is protected by the First Amendment. But she claimed that Trump’s “inaction” once the unrest got underway makes him somehow criminally liable for the deaths that occurred.
Interestingly, McQuade did not grapple with the question of liability for the police officer who killed Ashli Babbitt, the only person intentionally killed during the riot. By McQuade’s logic, Trump could be liable for Babbitt’s death, but not the cop who shot her without warning.
More anti-Trump lawfare?
Of course, this “interesting legal theory” is just more of the draconian, anti-Trump lawfare that MSNBC contributors with backgrounds in federal law enforcement specialize in (Democrats love the FBI now, in case you haven’t noticed.) Even by MSNBC’s pathetic standards, it’s a pretty desperate argument.
It seems doubtful that Biden’s DOJ is desperate enough to take it up, but they have other plans. In echoing the left’s Russian collusion narrative, prosecutors are said to be weighing “obstruction” charges against Trump over the Mar-A-Lago records dispute.
The Mar-A-Lago saga has diverted some attention from the January 6th circus, which recently subpoenaed Trump in a hearing ahead of the midterm elections.
Trump has blasted these investigations as a pretty blatant attempt by his rival to stop him from running for the presidency again in 2024.
In a possible warning shot at Trump, longtime Trump ally Steve Bannon was sentenced to four months in prison last week in a Washington, D.C. courtroom for refusing to cooperate with the partisan January 6th committee.