Jack Smith Gambles That the January 6 Riot Will Convict Trump, Even Though He Didn’t Charge the Former President With Insurrection

The prosecutor wants it in the case, even though he passed on charging the former president with insurrection. Could it be a forbidden fruit of attainder?

AP/Jacquelyn Martin, file
President Trump arrives to speak during a rally on January 6, 2021. AP/Jacquelyn Martin, file

Special Counsel Jack Smith’s insistence that he be permitted to cite the January 6 riot at the Capitol as evidence against President  Trump, who alleges that such an “inflammatory” allegation could prejudice a jury, is a gamble that that day’s chaos will be conducive for a conviction. 

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