How the Jan. 6 committee could make it harder to prosecute Trump

“The emails we’ve seen are already pretty damning,” said University of Colorado associate professor of law Douglas M. Spencer. “There would have been a finding of criminal fraud accepted by a judge that will color people’s views of what was happening on January 6.”

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However, there is a flip side to this question.

If the judge rules those emails can stay secret, it will cast a shadow of doubt over the congressional panel’s attempts to hold Trump accountable. And it could actually make it harder for the FBI and Department of Justice to go after the former president, according to current and former prosecutors who spoke to The Daily Beast.

Any attempts to get a search warrant on Trump would have to note that another judge somewhere has already ruled on this and found nothing.

And when it comes to the Biden-era Justice Department, Trump quite possibly has little to worry about—at least that’s what his lawyers are telling him.

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