Is it actually a problem to charge everyone who illegally entered the Capitol?

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Aaron Mostofsky, son of Kings County Supreme Court Judge Shlomo Mostofsky, sits with a police vest and riot shield after supporters of President Donald Trump occupied the U.S. Capitol in Washington, U.S., January 6, 2021. Picture taken January 6, 2021. Photo by Mike Theiler/Reuters.

One week since he took office, President Biden’s got a legal problem. Josh Barro and Ken White talk about the Texas judge who ordered a temporary stop to Biden’s executive order for a 100-day moratorium on deportations. It’s pretty similar to legal issues the Trump administration had with executive orders.

Ken and Josh talk about Jeffrey Clark, the top official at the Department of Justice who allegedly tried to hatch a plan to get President Trump to fire the acting attorney general and advance claims of election fraud. It didn’t work, and now there’s an investigation. The Washington Post reported there’s an internal debate at the Department of Justice about whether to charge every person who participated in the insurrection at the Capitol or focus on the organizers or those who may have committed other crimes once inside the Capitol. Ken White says it’s a very tall order to do so, and he explains why.

Plus: President Trump hires Butch Bowers to represent him in his upcoming impeachment trial, Dominion Voting Systems sues Rudy Giuliani for defamation, the Department of Justice made a pre-inauguration appeal to stand in for President Trump in E. Jean Carroll’s defamation suit against him, and more.



Sara Fay