Why Trump is absolutely vulnerable to the “conspiracy to deprive people of their rights” charge.
All of these possible prosecution scenarios we have articulated have the effect of interfering with the voters’ right to have their votes counted properly. As such, the activities of Jan. 6—directed by Trump and his associates—would constitute a deprivation of the voters’ rights or privileges under 18 USC § 241.
In Just Security’s model prosecution memo, the authors outlined how Trump could be charged under the Insurrection Act . However, the memo acknowledged that statute is largely untested, noting that “Section 2383 is rarely charged, and … this is a charge the DOJ will use only with extreme caution.
Evidently they did. But the DOJ may be charging the same underlying conduct through Section 241. That is an easier lift legally than 18 USC § 2383 charges, given that a long line of cases has demonstrated that conspiracies to thwart Americans’ right to vote can be charged under the statute. And it also appears to be a very good fit for the facts. If the reports are accurate, we welcome it.
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