Merrick Garland is under pressure to investigate Donald Trump for his role in the Jan. 6 insurrection, but a move against the former president could complicate many of the hundreds of other criminal cases related to the storming of the Capitol.
“It really depends on what it is that you find and what a person’s charged with,” Weissmann said. “If a person is just charged with entering the Capitol, you might not have the same discovery obligations as a seditious conspiracy charge, where you have to name the other conspirators, for instance. It’s just a very fact-specific thing. Yes, you might have discovery obligations.”
No charges related to the alleged evidence and password-sharing have been filed, but the former Army special forces soldier still faces several felony charges directly related to Jan. 6, including assaulting and impeding police during the riot. “You’re not going to not investigate people in order not to have to turn it over,” he said. “I’ve never heard somebody say: Let’s not investigate something because we might have discovery obligations.”
The House investigation and the existing Jan. 6 prosecutions have already gotten tangled up in one very concrete way. Prosecutors had planned to begin a jury trial next month for alleged Proud Boys members accused of conspiring to block the counting of electoral votes on Jan. 6, but last month
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