A former U.S. attorney believes there is enough evidence to charge Trump with involuntary manslaughter due to his inaction during the January 6 Capitol attack.
According to federal law, McQuade went on, involuntary manslaughter requires prosecutors to prove that a person committed an act on federal property, without due care, that could result in someone’s death; this definition also applies to failures to act. Trump’s order for his loyalists to go to the Capitol, after, could fall under the definition of the law — as could his refusal to call off the mob hours after their attack began.
“Unlike most members of the public who have no duty to take action to prevent a crime, a president has a constitutional duty to ‘take care that the laws be faithfully executed.’ … On Jan. 6, when Trump was alerted that the situation at the Capitol was getting ‘out of control,’ he had a duty to call in the National Guard to quell the violence,” McQuade said. “According to Joint Chiefs of Staff Chairman Gen. Mark Milley, Trump did not do so.
Prosecutors would have to prove beyond a reasonable doubt that Trump’s actions or inaction was culpable for the deaths that took place, an argument that the DOJ might be hesitant to pursue. “Even if it cannot be established that Trump caused all five deaths, such as those resulting from medical emergencies, it seems clear that he caused at least some of them,”McQuade concluded her op-ed by referencing a comment Trump made during his 2016 presidential election campaign:
Donald Trump once said he could ‘stand in the middle [of] Fifth Avenue and shoot somebody’ and not lose any voters. Can he also cause the deaths of five people and not lose his liberty?
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