TRUMP CANNOT BE TRIED FOR JANUARY 6 UNDER DOUBLE JEOPARDY CLAUSE
Special Counsel Jack Smith accuses former President Donald Trump of causing the January 6, 2021, Capitol riot through his “lies” about the 2020 presidential election. To that end, he indicted Trump yesterday (8/01) on four federal counts — one of which carries a potential death penalty.
But Smith’s indictment itself offers nothing new. It carries same criminal charge of the second impeachment resolution against Trump, namely “incitement of insurrection,” and for which he was acquitted by the Senate. It is barred, therefore, by the Constitution’s Double Jeopardy Clause.
The Double Jeopardy Clause, contained within the Fifth Amendment, prevents any person from being tried twice in a federal court for the same crime. Here’s how Trump is protected by it.













