Barb McQuade, a former U.S. attorney who served during the Obama administration, believes there is enough evidence to charge former President Donald Trump with the federal crime of involuntary manslaughter due to his inaction during the January 6 Capitol attack.
McQuade, who is also a law professor at the University of Michigan Law School, suggested in an op-ed for MSNBC that the Department of Justice (DOJ) should charge Trump with a crime for instructing a mob of his loyalists to head to the U.S. Capitol building while Congress was certifying the results of the 2020 presidential election.
“This theory is probably a bridge too far for DOJ, but failing to call off the mob when he knew they were armed and angry makes the resulting deaths at the Capitol reasonably foreseeable,” McQuade wrote in a tweet sharing her op-ed.
Five people died as a result of the mob attacking Congress, McQuade noted. Given what Trump knew about the mob — testimony to the January 6 committee suggests he was aware that some of his loyalists were armed — “the loss of life was predictable in light of the size of the mob, their emotional state and their use of force,” trump-commit-manslaughter-jan-6-committee-doj-should-find-n1297314″she wrote.
According to federal law, McQuade went on, involuntary manslaughter requires prosecutors to prove that a person committed an act on federal property, without due care, that could result in someone’s death; this definition also applies to failures to act. Trump’s order for his loyalists to go to the Capitol, after riling them up with incendiary lies about the election being stolen from him, could fall under the definition of the law — as could his refusal to call off the mob hours after their attack began.
“Unlike most members of the public