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"It's time to draw a line in the sand," says a former U.S. judge.

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The House Committee’s hearing on the January 6 Parliamentary riots is scheduled to resume in September, with the addition of former federal judge Nancy Gartner. Boston Public Radio To analyze the possibility of criminal accusation.

What does a criminal accusation against former President Donald Trump look like?

Gartner believes that the House January 6 Commission has gathered sufficient evidence of criminal accusations, but Trump’s potential accusations can vary significantly.

“Let’s [the Jan. 6 Committee and Department of Justice] I have an intention, “Gartner said. “I think they have actions, not just words.

“There is ample evidence of the malice aforethought here, in search of better words. [Trump] I knew there was potential for violence, that there were people armed with ellipses that day, and that they were planned to go to the Capitol in advance. “

Gartner said the “final compassionate blow” presented by the Commission on January 6th Draft Tweet After his speech on the ellipse, it was read by Trump instructing the crowd to march to the Capitol.

“I always thought so [Trump] I was going to say, or others around him would say, “Well, you know, he got hooked on rhetoric,” Gartner said. “And you can’t link to what he said what happened at Capitol Steps. [But] What happened in the Capitol can be associated with what he said — in his mind, as well as in the minds of the demonstrators, he knew it was violent.

“There was this obvious tweet that the Commission on January 6 made about walking to the Houses of Parliament. [Trump] I read it, but I didn’t send it, “she continued. “So he knew he had plans to go to the Capitol. He knew what his words would do.”

In the last few years, Trump’s prosecution has been a clear choice. But in today’s political climate, Gartner is less confident.

Gartner believes it can be difficult to prosecute Trump and his colleagues.

“I think the January 6th Commission has filed a case that could lead to prosecution in any other universe. That is, I was on the bench for 17 years, [and] Prior to that, I was a lawyer for a long time, “Gartner said. “In other universes, if you say,’What did you do? [former President] Do you know Trump? He knew that his allegations of election falsehood and fraud were wrong. He knew it. How can I find out that he knew it? His lawyer told him so. ”

“Obviously, he knew that the allegations of fraud weren’t true. Nevertheless, he tried to interfere with Georgia and they told him that the fake electoral college was wrong. Even at times, he tried to establish a fake voter.

But legal analysts are concerned that if the Republicans dominate the midterm elections, the Justice Department’s investigation into Trump could be “suspended.”

“The difference between this and Watergate is that there was a stunning and rational Republican. [former President Richard] Nixon did, “Gartner said. “If the current Republican Party wins in November, there will be an unprecedented battle.”

“Conversely, I’m plagued by some sort of counterfact. If he isn’t — [Trump]When [attorney John] Eastman, [former Justice Department Official Jeffrey] Clark, and others involved in it, will not be prosecuted. What does it say about our rules and our law? Especially in situations where you have no idea what will happen with changes in the electoral voting law and the electoral system.What do you need to say by drawing a line on the sand here [Trump] I was wrong. “

Gartner is a former federal judge in the Massachusetts district, a senior lecturer at Harvard Law School, and Boston Public Radio Contributor.