Yesterday, former President Donald Trump was indicted for illegally scheming to overturn the 2020 presidential election. The indictment includes charges of conspiring to defraud the United States, conspiring to obstruct an official proceeding, obstructing a congressional proceeding, and conspiracy against rights.
All the charges include hefty prison sentences, but “conspiracy against rights” also provides for execution if “death results from the acts committed in violation” of the law.
From 18 U.S.C § 241:
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Did “death result” that day because of Trump’s actions? Capitol rioter Ashli Babbitt was fatally shot by an officer on January 6, 2021, as she tried to climb through a broken glass door leading to the Speaker’s Lobby. It’s safe to say she’d be alive today if Trump hadn’t called on his followers “fight like hell” that day.
Jack Smith hasn’t said whether he will ask to have Trump executed, but it probably isn’t something Trump likes to think about.