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According to federal judge David Carter, former US President Donald Trump may have committed a criminal offence
Photo: Hyosub Shin / dpa
According to a federal judge, the then US President Donald Trump could have committed a criminal offense when he tried to prevent Congress from confirming the election victory of his opponent Joe Biden.
"Based on the evidence, the court finds it more likely that President Trump corruptly attempted to obstruct the January 6, 2021 session of Congress," said Judge David Carter in Santa Ana, California.
This could constitute a criminal offense of obstruction or attempted obstruction of an official procedure.
Carter ordered Trump adviser John Eastman to turn over 101 emails to the committee of inquiry into Trump supporters storming the Capitol.
Trump had asked his Vice President Mike Pence to prevent the official confirmation of Biden's election victory at the joint session of Congress on January 6, 2021.
Pence, who chaired the session, declined.
After an inciting speech by Trump, his supporters then stormed Congress.
The attack killed five people and injured dozens.
The attack on the heart of US democracy shook the country.
Trump claims to this day that he was deprived of his election victory through fraud.
However, his camp failed with dozens of lawsuits against the election results.
"President Trump and Dr.
Eastman justified the plan with allegations of voter fraud - but President Trump probably knew that this justification was unfounded and therefore the entire plan was unlawful," Carter's decision said.
"The illegality of the plan was obvious." Every American knows that in a democracy politicians are elected and not installed.
"President Trump knowingly attempted to undermine this fundamental principle." Had the plan worked, "it would have permanently ended the peaceful transfer of power."
So far, neither Trump nor Eastman have had to face criminal charges for the storming of Congress.
Carter made it clear that his case was only about a dispute over the release of emails.
“It is not a criminal prosecution.” However, Carter demanded that the events be clarified on January 6, 2021 and that those responsible be held accountable.
Otherwise, the court fears “that January 6th will repeat itself”.
jso/dpa