How the J6 Case Could Fuel an Effort to Block Trump from Office If He Wins

Would Democrats use Jack Smith’s case as a trigger for invoking the insurrection disqualification at a joint session of Congress?

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Left: Former president Donald Trump addresses The Faith and Freedom Coalition’s 2023 “Road to Majority” conference in Washington, D.C., June 24, 2023. Right: Special Counsel Jack Smith makes a statement to reporters at Smith’s offices in Washington, D.C., August 1, 2023.

Tasos Katopodis, Kevin Wurm/Reuters

If Donald Trump were to win the presidency again next week, the lawfare ramifications would be expansive and complex. That’s why I did a three-part series on it, which concluded Monday. (See here, with links to the first two installments.)

The mix includes not just civil and criminal cases at the state and federal levels but also congressional action — potential Democratic efforts to disqualify Trump from taking office and to impeach him once he is in office. Consequently, I thought the best way to run through it was to compartmentalize it: congressional action first, then the easier-to-explain state litigation, and finally the two federal prosecutions — lingering long on the so-called J6 case (Biden-Harris DOJ special counsel Jack Smith’s 2020 election-interference case) because it is the one most fraught with complications for Trump and what would be his Justice Department come January 20, 2025.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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