Attempting to overturn an election, in and of itself, is not a crime. The way in which it is done could be a crime, but the crime alleged is the end result of overturning the election.

Putting that aside, Donald Trump has just filed a Motion to Dismiss the case on the ground that his actions are covered by presidential immunity …

The motion itself highlights several areas on which Trump could lose the motion, but they are issues of law not fact. Which makes them ripe for an appeal if (and likely when) the District Court Judge denies the motion. This is going to end up at SCOTUS, and that’s about as far a prediction as I’m willing to make at this point.

[I’d predict failure. The Supreme Court has already ruled in Trump v Vance that presidents don’t have immunity from criminal prosecution, even when they are sitting presidents. It’s not going to take much to apply that to the prosecution of former presidents for crimes that had nothing to do with their constitutional duties. I do agree with Professor Jacobson that the special counsel has to come up with a specific crime, however. — Ed]