- Joined
- Jan 3, 2012
- Messages
- 24,380
- Reaction score
- 21,087
- Gender
- Male
- Political Leaning
- Liberal
Yes-- and in the USA the defendants do not need to prove their innocence-- the prosecutors have to prove guilt.
The burden is 100% on the prosecution.
And when the statute says that its a crime to conspire to, among other things, oppose lawful authority, the government has to prove that is what they were conspiring to do.
Which means the govt has to prove this is what they set out to do.
And as Baldwin v Bailey says, seditious conspiracy is not about violating a mere law.
Conspiring to unlawfully entering the Capitol and stopping Congress from performing their job l is not enough to prove seditious conspiracy.
As the evidence continues to pile up, and point straight in only one direction, I don’t think that will be especially difficult.
As for proving that they were conspiring to do so, we have the plans, and Trump just bellowed that that was what he wanted.