Donald Trump may be charged with violating people's civil rights in connection to allegedly inciting the January 6, 2021, riot at the U.S. Capitol, legal experts have suggested.
The former president said on Tuesday that he had received a target letter from Special Counsel Jack Smith's office informing him that he is under federal investigation into the events leading up to the Capitol riot and the attempts to overturn the 2020 election results, a sign the frontrunner in the 2024 Republican primary is facing another indictment.
The precise details of the apparent charges Trump faces are unclear. Several news outlets, including the Associated Press, citing unnamed sources familiar with the matter, reported that Trump may be accused of various offenses related to conspiracy to defraud the United States, violation of rights, and tampering with a witness, victim, or informant.
Trump has denied all wrongdoing in connection to Smith's probe, and accused it of being "election interference." Newsweek reached out to Trump's office via email for comment.
The Guardian reported that the violation of the rights charge falls under a previously unconsidered violation of section 241 of Title 18 of the U.S. Code. The legislation states that it is unlawful for anyone to conspire to "injure, threaten, or intimidate a person" from exercising any right or privilege secured by the Constitution or U.S. laws of the United States.
The law was brought in in the wake of the Civil War to protect Black voters from being targeted by white supremacist groups such as the Ku Klux Klan and is commonly used in hate crime prosecutions.
It is still unclear how the law may be applied to Trump by federal prosecutors if reports the former president will be charged under section 241 are accurate.
In a series of tweets, former Deputy Assistant Attorney General Harry Litman and former Department of Defense special counsel Ryan Goodman suggested the law could be cited by prosecutors to charge Trump in connection to the violence which occurred at the Capitol on January 6.
The reporting that the 3rd law that Trump will be charged by Jack Smith with violating is 18 USC §241 has prompted, understandably, lots of surmises and speculations. The short answer is that we will know soon. In the meantime, however, the rough consensus seems to be around a
— Harry Litman (@harrylitman) July 20, 2023
"The reporting that the 3rd law that Trump will be charged by Jack Smith with violating is 18 USC §241 has prompted, understandably, lots of surmises and speculations," Litman tweeted.
"The short answer is that we will know soon. In the meantime, however, the rough consensus seems to be around a theory of deprivation/impingement of rights to vote for 88 million Americans or at least citizens of the 7 states w/ false electors. For a few reasons, I am less persuaded than many of my colleagues of this theory."
Litman suggested that any federal charges related to the nationwide false elector scheme will be cited under another section of U.S. law dealing with conspiracy to defraud the United States. Litman added it was a "surprise" that prosecutors are hoping to charge Trump under section 241 of Title 18 of the U.S. code, rather than 2383, which covers insurrection and rebellion.
"That makes it more likely that the §241 conduct will be centered around the Jan 6 melee that to date has been charged as insurrections on the ground," Litman added, while suggesting the justification for the charge will be that Trump allegedly caused "members of congress being kept from doing their work" in certifying the 2020 election results by inciting his supporters to storm the Capitol.
2. The idea here is that the surprise statute — 18 USC 241 — might be the one that captures Trump’s use of violence.
— Ryan Goodman (@rgoodlaw) July 20, 2023
It depends on the evidence Jack Smith has gathered.
Otherwise the most straightforward application of 241 is the plot to cast aside peoples’ votes.
In response to Litman's posts, Goodman said he is "thinking along the same lines" as to how section 241 could be applied to Trump.
"It would also be in keeping with 241's historic application to use of violence in deprivation of right to vote. Could explain Smith's interest in threats of violence to election officials which culminates in use of violent mob on Jan. 6," Goodman wrote.
"The idea here is that the surprise statute — 18 USC 241 — might be the one that captures Trump's use of violence. It depends on the evidence Jack Smith has gathered. Otherwise the most straightforward application of 241 is the plot to cast aside peoples' votes."
In a statement describing the apparent target letter he received, Trump described the news as "horrifying" and claimed it was an attempt by President Joe Biden to remove "his number one political opponent" from the 2024 campaign trail.
"This witch hunt is all about election interference and complete and total political weaponization of law enforcement," Trump said. "It is a very sad and dark period for our nation."
