Former President Donald Trump takes the stage to address a Republican women’s luncheon in Concord, N.H. on Tuesday, June 27, 2023.
But the third criminal law cited in the letter was a surprise: Section 241 of Title 18 of the United States Code, which makes it a crime for people to “conspire to injure, oppress, threaten, or intimidate any person” in the “free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.
In a 1974 Supreme Court opinion upholding the use of Section 241 to charge West Virginians who cast fake votes on a voting machine, Justice Thurgood Marshall cited Simons and added that every voter “has a right under the Constitution to have his vote fairly counted, without its being distorted by fraudulently cast votes.”
The prospect of charging Trump under the other two statutes cited in the target letter is less novel, if not without hurdles. Among other things, in its final report last year, the House committee that investigated the events that culminated in the Jan. 6 attack on the Capitol had recommended that the Justice Department charge the former president under both of them.
Some of those who worked most closely with Trump in promoting the lie that Trump had been robbed of a victory by widespread fraud, including lawyers like Rudy Giuliani and John Eastman, had not received target letters, their own lawyers said on Tuesday.
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