Photo Illustration by Thomas Levinson/The Daily Beast/Reuters
When the Department of Justice took the position this week that former President Donald Trump acted improperly by urging his followers to attack Congress in 2021, prosecutors did more than open the door to a potential flood of civil lawsuits from police officers who were injured on Jan. 6.
What they actually did, according to legal scholars, is lay the groundwork for a potential criminal indictment against Trump for inciting the insurrection.
“If they took the position that the president was absolutely immune, then they wouldn’t be able to bring a criminal prosecution,” said one person familiar with the DOJ’s ongoing investigation who spoke on condition of anonymity.