Toobin argued that the 'mark of modern despotism is the legal pursuit of former leaders by current office-holders.'
Toobin drew similar conclusions on the other potential avenues for prosecution such as election fraud and obstruction of justice, arguing that Trump's intent was the key issue when he allegedly pressured Rosen to investigate voter fraud in Georgia and during his remarks on January 6.would assert that he was seeking to uphold the law
He also argued that it could be difficult to bring an obstruction of justice charge based on Trump's comments on January 6. Toobin also said that while the Hatch Act makes it unlawful to"intimidate, threaten, command, or coerce" a federal employee to engage in political activity, Trump could argue that he was ordering Rosen to uphold the law. Toobin noted that the criminal provision of the act has rarely been invoked.Department of Justice
He wrote that Trump could argue he was not lying to Rosen about voter fraud in Georgia, but merely saying what he believed to be true, making a prosecution difficult.
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