I have now had a chance to read the entire 45-page indictment in United States v. Donald J. Trump. Much of this information has been published in drips and drabs over the past two years. But reading through the entire chronology, from start to finish, was a very different experience.
Here, I would like to highlight what Special Counsel Jack Smith left out.
The most significant omission was that Trump was not indicted for insurrection, 18 U.S.C. § 2383. This decision was not particularly surprising, since none of the January 6 defendants have been charged with insurrection. Stuart Rhodes and the Proud Boys were convicted of seditious conspiracy. Federal prosecutions for insurrection are extremely rare, and there were many open questions about how to obtain a conviction.
