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The first prime-time hearing into the Jan. 6 attack confronted the fundamental question that has haunted Donald J. Trump since he left office: Should he be prosecuted in a criminal court?
“A crime requires two things — a bad act and criminal intent,” Mr. Katyal said. By citing testimony by Mr. Trump’s own attorney general, a lawyer for his campaign and others who told him that he had lost and then documenting his failure to act once supporters stormed the Capitol, Mr. Katyal said, the panel addressed both of those requirements.
https://www.nytimes.com/2022/06/11/us/politics/jan-6-prosecute-trump.html
“A crime requires two things — a bad act and criminal intent,” Mr. Katyal said. By citing testimony by Mr. Trump’s own attorney general, a lawyer for his campaign and others who told him that he had lost and then documenting his failure to act once supporters stormed the Capitol, Mr. Katyal said, the panel addressed both of those requirements.
https://www.nytimes.com/2022/06/11/us/politics/jan-6-prosecute-trump.html