The Dictatorship
Donald Trump wasn’t charged with insurrection — and now we know why
Ever since Donald Trump was indicted in the federal election interference case in 2023, a lingering question has been why special counsel Jack Smith didn’t charge him under the Insurrection Act. We just got an answer in the volume of Smith’s report on the election case that was released overnight.
The federal insurrection law says that
[w]hoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
In his report, Smith observed that it didn’t appear that anyone had been charged with that crime in more than 100 years. Explaining why his office didn’t bring it against Trump, the special counsel wrote that cases interpreting that statute “are scarce and arose in contexts that provided little guidance regarding its potential application in this case.”
More specifically, Smith noted that he would’ve had to prove that the violence of Jan. 6, 2021, was an “insurrection against the authority of the United States or the laws thereof” and that Trump “incite[d]” or “assist[ed]” the insurrection, or “g[ave] aid or comfort thereto.”
The special counsel was mindful that courts have called the Capitol attack an insurrection, including the Colorado Supreme Court in the case that deemed Trump ineligible for office (until the U.S. Supreme Court reversed the state court and effectively ended nationwide challenges to Trump’s eligibility). Smith wrote that his office was “aware of the litigation risk that would be presented by employing this long-dormant statute.”
Among the reasons the special counsel held back, he wrote, was that Trump was trying to stay in power as the current president rather than overthrow the government from the outside. “The Office did not find any case in which a criminal defendant was charged with insurrection for acting within the government to maintain power, as opposed to overthrowing it or thwarting it from the outside,” Smith wrote, concluding that applying the law in this situation “would have been a first, which further weighed against charging it, given the other available charges, even if there were reasonable arguments that it might apply.”
Smith further noted that he couldn’t find a case in which anyone had been charged with inciting, assisting or giving aid or comfort to rebellion or insurrection. “The few relevant cases that exist appear to be based on a defendant directly engaging in rebellion or insurrection, but the Office’s proof did not include evidence that Mr. Trump directly engaged in insurrection himself,” he wrote.
He added that there were “reasonable arguments to be made” that Trump’s speech on Jan. 6 could qualify as incitement under Supreme Court precedent but that his office “did not develop direct evidence — such as an explicit admission or communication with co-conspirators — of Mr. Trump’s subjective intent to cause the full scope of the violence that occurred on January 6.”
So Smith declined to pursue the charge, given the potential legal challenges in doing so, as well as what he called “the other powerful charges available.” Trump was charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights. He pleaded not guilty.
The case was set for trial last year but never made it that far, due in part to Trump’s pretrial appeal in which the Supreme Court granted him broad criminal immunity. Trump’s presidential victory cut short the pending litigation in the trial court over how much of Smith’s case survived the immunity ruling. After the election, the special counsel moved to dismiss the case, citing Justice Department policy against prosecuting sitting presidents.
Ultimately, Smith’s explanation reflects a cautious approach. As his analysis concedes, reasonable minds can differ on the subject. With that said, it’s hard to see why the novelty of the situation is a reason not to proceed with a given charge; on the contrary, one could argue that the novelty of Trump’s conduct was reason to press forward. However, if there was any concern about the strength of the evidence — as Smith noted, in part, was the case — then that makes it a clearer decision in favor of not proceeding.
Of course, the wisdom of Smith’s charging decisions is a historical discussion at this point. The case is over. Had Trump been charged with and convicted of insurrection, then that could have strengthened the case for his disqualification from office — but that, too, is a hypothetical we’ll never know the answer to. Even though Trump appointee Brett Kavanaugh suggested that a conviction under the insurrection statute could have barred Trump from office, had Smith brought that charge, Kavanaugh and his colleagues’ immunity ruling still would have kept a trial on that charge from going to a jury before the election.
Subscribe to theDeadline: Legal Newsletterfor expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
In an explosive interview with NBC aired Sunday, President Donald Trump cut the grilling short and left the set after peppering “Meet the Press” moderator Kristen Welker with insults.
“You’re either crooked or you’re stupid,” Trump told Welker, who kept a cool demeanor despite the president’s barrage of disparaging slurs.
Moments before he attacked her, Trump — without providing any evidence — said he believes elections in the U.S. are rigged. Then he lambasted television news networks, singling out NBC, CBS and ABC.
“They’re crooked just like you’re crooked, your press is crooked. And ‘Meet the Press’ is crooked,” Trump said.
“To be fair, I’m not crooked,” Welker shot back. “But let’s continue.”
“Let’s call it quits because I’ve had enough,” the president told Welker, who is the second woman and first Black journalist to helm the network’s flagship program.
Trump added, “Thank you, darling. Have a good time.”
It was not the first time Trump has berated a female journalist on the job covering his presidency.
In November 2025, he told Bloomberg’s Catherine Lucey to stop talking, saying, “Quiet. Quiet, piggy.” One month later, he told ABC’s Rachel Scott she was “the most obnoxious reporter in the whole place.” Last month, he called MS NOW White House reporter Akayla Gardner “a dumb person” for pointing out that the cost of his White House ballroom project had doubled since it was first announced.
He has also repeatedly lashed out at CNN’s Kaitlan Collinscriticizing her for not smiling enough.
The wide-ranging interview, which was taped last week on a farm in Wisconsin, was interrupted by the loud sound of heavy rain on the metal roof of the barn where they met. Welker questioned Trump on his war with Iran, his “anti-weaponization” fund and the upcoming midterm elections.
On his nearly $1.8 billion fund aimed at compensating people who say they were wrongly prosecuted, including Jan. 6 Capitol rioters, Trump said “people were destroyed by dirty cops and by weaponization. Many of those people should be compensated.”
He described the people who stormed the Capitol on Jan. 6, 2021, as people who were “being ushered into the building” by law enforcement.
A federal judge temporarily blocked the fund last month and acting Attorney General Todd Blanche said last week the administration would not be moving forward with the fundwhich faced bipartisan backlash.
When asked if the administration would pursue other avenues to revive it, Trump said he does not know what will ultimately happen and called Welker and her network “the fake dirty press.”
Despite campaigning on a promise to end foreign wars, Trump denied that he made such statements. He characterized the Iran war, launched by the U.S. and Israel on Feb. 28, as necessary to prevent Iran from developing a nuclear weapon.
When asked about the rising cost of living as a result of the war, specifically gas and fertilizer, Trump chastised Welker.
“Are you ready? Am I allowed to talk? You keep asking questions and you don’t listen to the answers,” he said.
“I love the farmers and the farmers love me,” Trump said, adding that prices will come down after the war.
Welker suggested to her viewers Sunday that she and the president had a cordial conversation Saturday, saying they both “acknowledged the complications” posed by the rain. “He agreed to sit down with me for another ‘Meet the Press’ interview,” she said.
Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.
Iran said visas were denied to key members of its national soccer team ahead of the World Cupwhich a U.S. official insisted was necessary so that Iran does not try to “sneak terrorists into the United States.”
In a post on Xthe Iranian embassy in Turkey said “visas were denied to a large portion of the managerial and executive staff, technical advisers, and others” on its team.
“You have now escalated the deliberate and discriminatory treatment against Iran’s national football team to its highest level,” the embassy said, accusing the U.S. of the “worst possible form of politically biased interference in sport” and “depriving Iran’s national team of its right to play in the World Cup under normal conditions.”
Iranian officials are accusing the U.S. government of violating FIFA regulations and breaching its obligations as one of the host countries of what is widely regarded to be the biggest sporting event in the world. The diplomatic standoff between the two countries comes just days before the World Cup is set to kick off and more than three months after the U.S. and Israel waged war against Iran.
A Trump administration official who was granted anonymity to speak candidly about the subject told MS NOW in a statement that the visas “necessary for Iran to compete in the World Cup, including for athletes and necessary support staff, have been issued.”
The official added, however, “We will not allow the Iranian team to abuse this system to sneak terrorists into the United States under false pretenses.”
The statement from the Iranian Embassy in Turkey came in response to a post on X by U.S. Ambassador to Turkey Tom Barrack praising embassy staff for processing visas for the Iranian national team.
According to The Associated Presssome of the team’s officials have not received visas to enter the U.S., which is co-hosting the World Cup with Mexico and Canada. Games are set to begin Thursday.
Problems with getting U.S. visas had already led Iran to move its World Cup training base from the U.S. to Mexico. But Iran is still listed on the official World Cup schedule to play its first two games in Los Angeles on June 15 against New Zealand, and against Belgium six days later before heading to Seattle to face Egypt.
The Iran Football Federation’s secretary-general and its vice president were among 14 staff and officials without U.S. visas, AP said, citing Iranian state television. The federation reportedly accused the U.S. of “vindictive behavior.”
Emily Hung contributed to this report.
Clarissa-Jan Lim is a breaking news reporter for MS NOW. She was previously a senior reporter and editor at BuzzFeed News.
A shooting near a community festival in Toledo, Ohio, wounded at least 12 people, and police said a search for the suspects was ongoing following an outbreak of gunfire that sent crowds scrambling for cover.
Two of the wounded were in critical condition, Toledo Deputy Police Chief Joe Heffernan said. He said it appeared there were at least two people firing weapons who were “probably shooting at each other.”
The Toledo Police Department said the shooting happened near the Old West End Festival, an annual gathering of live music and home tours in a historic district of the city.
The department said an active search was underway for those responsible.
“I am deeply concerned about the situation in Toledo tonight. Summer festivals should be safe spaces for families to spend time together without fear of violence,” Ohio Gov. Mike DeWine said in a statement.
Multiple videos posted to social media showed people running over the sound of gunshots and emergency officials tending to others who appeared wounded.
Kevin Berry said he was sitting in the neighborhood arboretum listening to live music with his friends when he heard a handful of gunshots ring out.
“Everybody hit the deck,” he said.
When he looked back up, he saw a gun being tossed to the ground less than 50 feet (15 meters) away from him. Police officers who were already on-site for the festival immediately responded to the scene.
Berry, who has medical training and served in the U.S. Navy, said he walked around the area looking for potential victims who might need help.
He said he saw at least five people with gunshot wounds.
“The folks who were hit were spread out around the arboretum area,” he said.
The Old West End Festival is a two-day celebration in Toledo’s historic district that includes live music, food vendors, home tours and shopping.
Berry described it as the “kick-off to Toledo’s summer festival season.”
This is a developing story. Check back for updates.
-
Politics1 year agoFormer ‘Squad’ members launching ‘Bowman and Bush’ YouTube show
-
The Dictatorship1 year agoLuigi Mangione acknowledges public support in first official statement since arrest
-
Politics1 year agoFormer Kentucky AG Daniel Cameron launches Senate bid
-
Uncategorized2 years ago
Bob Good to step down as Freedom Caucus chair this week
-
The Dictatorship1 year agoPete Hegseth’s tenure at the Pentagon goes from bad to worse
-
The Josh Fourrier Show2 years agoDOOMSDAY: Trump won, now what?
-
Politics1 year agoBlue Light News’s Editorial Director Ryan Hutchins speaks at Blue Light News’s 2025 Governors Summit
-
The Dictatorship9 months agoMike Johnson sums up the GOP’s arrogant position on military occupation with two words