Jonathan Turley: J6 Panel Failed To Present ‘Credible Criminal Case’ Against Trump

( Exclusive) – This week saw the January 6th Committee vote to make criminal referrals to the Department of Justice, which included a proposal to indict former President Donald Trump, adding to the nearly constant attacks he’s experienced ever since he dared to throw his hat in the ring for the highest office in the land years ago in 2015. Has there ever been an American president who has been targeted this viciously by the Democratic Party in the history of our country? It certainly doesn’t seem like it.

Jonathan Turley penned a piece that was published on his website where he discussed how the Committee’s finale failed to bring anything truly substantial that would make a compelling criminal case against Trump. They essentially just took the same evidence that they have put forward over the course of the last 12 months, but wrapped in different packaging, hoping that it would, miraculously, bring about the desired results they wanted to see. No doubt one of their goals is to prosecute Trump on criminal charges so he will be ineligible to run for office in 2024.

However, the evidence they have produced is not nearly enough to take this fantasy and make it reality. In fact, the Committee’s reliance on a new videotape featuring former Trump aide Hope Hicks is, as Turley so eloquently stated, placing “hope over experience” in the criminal Justice system.

“While still based largely on the failure to act, Rep. Adam Schiff (D., Cal.) insisted that ‘if that’s not criminal, nothing is.’ The opposite may be true from a First Amendment perspective. If the failure to act is criminal, it is hard to see what would not be criminal under this standard,” Turley wrote. “After members like Schiff, again, promised new evidence to support criminal charges, the Committee continued its pattern of rehashing previously known evidence with network-quality videotapes.”

Turley then said, “The failure of the Committee to offer any new and direct evidence of criminal conduct was obvious at the outset. Vice Chair Liz Cheney began her remarks by again detailing what Trump failed to do. It was a repeat of the prior hearings and for some likely left the impression of actors who are refusing to leave the stage long after the audience departed.”

The video featuring Hope Hicks stating that she had also asked Trump to issue a public statement calling for peace during the riot at the Capitol building and telling him there wasn’t any evidence of systemic fraud is mostly duplicative. But that has not stopped folks like former acting Solicitor General Neil Katyal from going on MSNBC and hailing the tape as “evidence I’ve never seen before from Hope Hicks.”

He then went on to make the bizarre claim, “I think that tells you all you need to know about premeditation. Call it criminal intent. The House committee’s evidence here is very strong.”

“So all you need for premeditation is the failure to accept the weight of evidence or to act promptly after the start of a riot. Katyal might ‘call it criminal intent’ but many judges would likely call it something else,” Turley asserted in his post. “The fact is that the J6 Committee failed to change many minds largely because of what was on display in the final public meeting. It was the same highly scripted, one-sided account repeated mantra-like for months. There is justifiable anger over these accounts, but this hearing was billed as presenting the case for criminal charges. It missed that mark by a considerable measure.”

Turley explained, “Of course, to raise obvious legal barriers to prosecution today is to invite an Internet flash mob accusing you for being an insurrectionist or fellow traveler. Major media from the Washington Post to National Public Radio routinely refer to the riot as an insurrection despite a deep disagreement over the characterization of the criminal conduct. The media unrelentingly echoes this one view despite polls showing most citizens view that day as a reprehensible “riot” motivated by loyalty to Trump.”

The mainstream media did what they do best, which is bury the significance of the J6 Committee’s failure to produce what it referred to as bombshell evidence of some kind of criminal conspiracy orchestrated by Trump, in an effort to manipulate the narrative and continue to paint up the former president as an evil mastermind attempting to destroy the republic. In reality, it’s the left who are trying to accomplish that goal.

Members of the committee, like California Democrat Rep. Adam Schiff, have made repeated promises that the next hearing would finally reveal the direct evidence of such a conspiracy, only to go back over the same evidence that has already been presented.

“The Committee was playing to the same audience and knew that they did not have to produce such evidence to make their case. Experts like Harvard law professor Laurence Tribe have previously declared Trump’s felonies were shown ‘without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.’ That included what Tribe suggested was a clear case of attempted murder of former Vice President Pence,” Turley remarked.

Michigan Law Professor Barbara McQuade made an appearance on MSNBC where she told viewers tuned into the network that Trump could potentially be charged with manslaughter because of the riot. Of course, the only problem here is that a crime needs to have certain requirements be met that cannot be proven by a soundbite or desire by themselves.

“Instead, much of the evidence cited what an official failed to do. Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. There were discussions of appointing Trump attorney Sidney Powell as a special counsel, seizing voting machines or replacing the Justice Department’s leadership. It is a chilling list, but it is also notable in that no final action was taken on such proposals,” Turley elaborated.

However, as Turley pointed out, this is not even remotely close to evidence demonstrating a “guilty mind.” Crimes need both guilty minds and guilty acts. Developing an entire criminal case on the failure to act to stop violence is a pretty hard case to make.

“The most damning evidence concerns what Trump failed to do in those 187 minutes,” Turley noted. “However, while repeatedly omitted by the Committee, Trump told his supporters to go to the Capitol ‘peacefully’ to support Republicans challenging the election. At 1:11 p.m., Trump concluded his speech. Around 2:10 p.m., people surged up the Capitol steps. At 4:17 p.m., Trump made his statement to stop — roughly an hour and a half later.”

Turley says the speech seems to be protected by the First Amendment and existing Supreme Court precedent coming from the Brandenburg v. Ohio case from 1969 where the court ruled that calling for violence is actually protected under the First Amendment unless there is a threat of “imminent lawless action and is likely to incite or produce such action.”

The speech made by Trump falls below that standard, Turley went on to say.

“Repetition of the same earlier points does little to strengthen the case for prosecution. The Committee has presented a powerful record of Trump’s failures on that day, including his reckless rhetoric and lack of response. Trump may be guilty of all of these failings, but that does not mean that he is a criminal actor. The reason that Mar-a-Lago presents a greater threat to Trump is that it is based on his actions, not inaction, in retaining classified material,” Turley declared.

So yet again, it looks as if Trump will survive an attack made on him by the ruthless left. How many more of these things does the former president have to make it through before people finally admit that the radical progressives are obviously trying to destroy him and his family?

Copyright 2022.


  1. The democrats/socialists are trying whatever they can do to stop trump from becoming president. All Iv been hearing is what a fool trump is – if that’s true then let him run in an election without interference. The fact that people(Americans) are sitting in jail for moving a barricade or walking thr halls of the capital is disgusting!! Black Lives Matter/antifa burned down buildings and murdered 25 people more than half black btw and NOTHING happened to any of those communists. 100 plus days they terrorized communities took over neighborhoods and NOTHING happened!!!!

    • Today’s democrat think thugs like George Floyd are the next generation of leaders . As if we didn’t suffer enough from their hero 0bama’s horrible eight years .
      The dems certainly attract more fools than any other party known to man . Take the BLM movement for your example, donations go for million dollar mansions for their “leaders “ with zero accountability to the donors , and most likely illegal too !
      Progressive trash ..period.

  2. While i do believe those that entered the CAPITOL building were wrong and they need to be punished, We all know what this J6 panel was all about, It was not about those that entered the Capitol building it was about what they have been trying to do ever since TRUMP announced he was running for president
    it is and was about trying to destroy him and those that support him. The have tried several times through Impeachment and other means to destroy him and have failed every time. The left does not want anyone in the political arena that actually puts America and Americans first, They want to continue down the path of total destruction of America and anyone that believes otherwise must be destroyed. and that is not going to change until the American people wake up and get them out of office.

    • We all know this so called committee was a huge failure , just look at the losers on this “select” committee says it all Lins . You can see how lousy attorneys become politicians. They could never practice law much less help real clients facing legal woes .
      Both 0bamas..disbarred forever
      Both Clintons..disbarred for ever
      Joe 0biden … #76 out of 85 law students in his class . Who would hire this criminal anyway?

    • Hi Lina, when you say ‘America’ you seem to be referring to a very particular and distinct vision of the country. The America where it’s basically a white Christian country run so certain demographics get to call the shots and decide on what and who is ‘normal’ or ‘American’, and all ‘other’ groups are sort of there but come second to this core central group who see themselves as ‘normal’, and the others as, well, ‘other’. But what happens when the ‘other’ people start to outnumber the ‘normal’ people? It’s natural for the country to change in accordance with its population. I live in a democracy that has roots a thousand years old, but it certainly looks different now to how it did then. Change is natural, and without it you end up like North Korea. White Christians are not and never will be ‘replaced’, that’s silly. But they might need to get used to sharing the power with some of the ‘others’ a bit more. I think that American conservatives should be focussing in getting more of the ‘other’ people onside. Rather than trying to make it more and more difficult for them to vote how about trying to convince them that the political right are a better bet for them than the left? There are plenty of very conservative black, Latino and gay people out there whose votes could be got if only the party was not quite so hostile towards them. Look at Florida; millions of Republican voting people of Cuban decent got Ron in with room to spare. That’s the way to go, not voter suppression tactics.
      If you want to live in a democracy change is just how it goes sometimes. If you want to keep everything the same forever more there are plenty of countries to look at to see what happens when people try. It never ends well. Just some thoughts Lins, hope yourself and ChopperPilot had a good Christmas.

    • Hi Lins , the fake eLon mUsK thinks America is a democracy ..another progressive piece of trash that missed civics class !

  3. Johnathan Turley knows damn well as most reasonable folks do, this committee is one huge joke comprised of 9 TDS infected liberal filth ,including Adam Schiff , the lying sack of human waste from Commiefornia. Credibility is earned , these 9 TDS infected LIARS have earned zero credibility. Sure ,they have their low info bottom feeders who’ll believe anything .
    Next Congress’s target..Biden /0bama crime machine…real crimes supported by the “ Deep State “ .
    If folks truly want a potus to serve prison time , Joe and Barry are it !


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