We’re finally seeing felony conspiracy charges in the Capitol attack. That’s a big deal. It establishes the legal grounds that you don’t need to have been a Capitol invader in order to be criminally charged for your role in making the invasion happen.
We have no way of knowing if the DOJ is planning to take the felony conspiracy charges all the way to the top. It’ll all depend on whatever specific evidence emerges that links any given inciter to the invasion.
But I’ll say this: look out, insurrectionist House and Senate Republicans! It’s now at least possible we’ll see the likes of Josh Hawley or Ted Cruz indicted for their roles in the Capitol terrorist attack.
And before you ask, yes, Donald Trump would face such charges as well. But keep in mind that federal conspiracy charges tend to gradually work their way from the bottom up, and Trump was at the top of that hierarchy, so he could end up being last.
Meanwhile there’s little doubt that Trump will face felony charges in New York State for various financial charges, and that’ll likely come long before he would face any federal charges for incitement.
Bill Palmer is the publisher of the political news outlet Palmer Report