Trump Criminal Cases 'Can Be Proved' Beyond Reasonable Doubt: Kirschner

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A prominent former federal prosecutor recently said that the various criminal charges against Donald Trump "can be proved" beyond the legal standard of reasonable doubt.

Glenn Kirschner previously served as a prosecutor for the U.S. Army, and now serves as a legal analyst for various news networks, known for his outspoken criticism of the former president and analysis of his different legal woes. On Friday, the two-year anniversary of the January 6 Capitol riot, he spoke to radio host Dean Obeidallah for an interview, during which he said that criminal charges against Trump could be justified to a rigorous legal standard. His comments were in response to Obeidallah asking if he could make a case against the former president so long after the failed insurrection attempt.

"Not only could I have made a case, but let's look at what's happened," Kirschner said. "Congress, not a law enforcement agency, had to pick up the investigative slack and run with it. They have issued a report, a mega report, that documents and details so much evidence supporting the conclusion that Donald Trump committed crimes, indeed supporting the assertion that those crimes could be proved beyond a reasonable doubt in a court of law."

Kirschner continued, growing more impassioned and expressing frustration over the Department of Justice's (DOJ) seemingly lack of movement against Trump.

"Where in the hell is the Department of Justice?" he asked. "It's absurd. I am sometimes DOJ's biggest fan, sometimes its most vocal critic, but I know evidence of guilt when I see it. Let me be clear: I was never a bureaucrat at the Department of Justice. I was not interested in climbing the bureaucratic ladder of success. Some might say I was incapable of climbing the bureaucratic ladder of success, but what I know, even if it's all I know, is how to put criminal cases together and prove them to 12 people in a jury box beyond a reasonable doubt. It's all I did, it's what I love, and it's what I think I had a certain aptitude for."

Kirschner added: "These cases can be proved. The only impediment to Donald Trump's conviction is a damn indictment, at this point."

glenn kirschner trump reasonable doubt
Then-President Donald Trump is seen at the rally prior to the January 6, 2021, Capitol riot. Former federal prosecutor Glenn Kirschner on Friday said that the criminal charges against Trump for the riot could be... Brendan Smialowski/AFP via Getty Images

The "mega report" that Kirschner referred to was the final report from the House select committee investigating January 6, which wrapped up its exhaustive investigation into the attempted insurrection last month. During its final public meeting, the committee unanimously voted to approve criminal referrals of Trump to the DOJ, for charges of conspiracy to defraud the U.S., obstruction of an official proceeding, conspiracy to make a false statement, and attempts to "incite," "assist," or "aid or comfort" an insurrection.

The report also named several Trump allies as potential co-conspirators meriting DOJ attention, including Rudy Giuliani, legal counsel John Eastman, and former chief of staff Mark Meadows.

So far, the DOJ has not issued any indictments against Trump, however Attorney General Merrick Garland appointed Jack Smith as a special counsel handling all potential cases against the former president.

Smith is a veteran prosecutor with nearly three decades of experience in criminal cases who has served both the state and federal level. He has also extensive experience prosecuting international political and criminal investigations.

Newsweek reached out to Trump's representatives for comment.

About the writer

Thomas Kika is a Newsweek weekend reporter based in upstate New York. His focus is reporting on crime and national politics. In the past, he has also focused on things like business, technology, and popular culture. Thomas joined Newsweek in 2021 and previously worked at the International Business Times. He is a graduate of the University at Albany. You can get in touch with Thomas by emailing t.kika@newsweek.com. Languages: English.


Thomas Kika is a Newsweek weekend reporter based in upstate New York. His focus is reporting on crime and national ... Read more