" Even though prosecutors bear the burden of proving the case beyond a reasonable doubt before there can be a conviction, we can easily understand why the defendants have been charged. If they are charged with conspiracy, the indictment will clearly state the crime they allegedly agreed to commit — e.g., drug trafficking, bank robbery, murder, extortion.
That is what’s so strange about DA Willis’s indictment. She alleges that the 19 people named in her indictment are guilty of conspiracy because they agreed to try to keep Donald Trump in power as president — specifically, to “change the outcome of the election in favor of Trump.”
Trying to change an election outcome is legal; the end doesn’t become illegal if pursued by illegal means — instead, those illegal means can be charged as crimes. But there is no conspiracy unless the objective itself is clearly a crime. You don’t see prosecutors alleging, say, that defendants were in a “conspiracy to unlawfully” commit murder or robbery. Murder and robbery are crimes.
If two or more people agree to commit murder or robbery, that is an agreement to commit a crime — a conspiracy. To the contrary, an agreement to try to reverse the result of an election is not an agreement to commit a crime.
There was no organized effort and no crime. The fact is that Trump is getting charged by a partisan prosecutor for exercising his constitutional rights."
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