Supreme Court stalking case could impact any Trump Jan. 6 charges

By Jen Krausz on
 July 1, 2023

A Supreme Court ruling in a stalking case may have an impact on a potentially emerging case against former President Donald Trump, according to the Washington Examiner.

In a 7-2 ruling in Counterman v. Colorado, the court said that prosecutors must take into account whether a defendant understands that a threat they make will in fact be perceived as a threat.

The ruling prompted Alan Rozenshtein, an associate professor at the University of Minnesota Law School, to say that it could impact the "viability and probability of a prosecution of former President Donald Trump for inciting the Jan. 6 attack on the Capitol."

When Trump told supporters to "fight like hell," did he understand that people were going to take that literally and storm the Capitol?

Surely, he didn't realize what was going to happen just minutes later, or may have already been starting to happen, but would get a lot worse, according to some timelines.

Those on the left have automatically ascribed the worst possible intentions to Trump when it comes to the Jan. 6 Capitol breach (or anything he does, really), but can they prove that to be accurate? That's another question entirely.