# DOJ/Jack Smith Investigation into Trump and Election Interference, January 6th Insurrection (Re-Indicted August 27, 2024) **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [November 23, 2022, 8:14pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455 "2022-11-23T20:14:01Z")\ **Posts on this page:** 20\ **Page:** 116
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 4:42pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2304 "2024-03-28T16:42:34Z")
> [@Atamasama](#): > > And there is also zero guarantee that you’d prevent violence by delaying after the inauguration. If they were going to riot before the inauguration, they’ll riot afterward too. True, but with a huge inauguration crowd, the impact of said violence is potentially greater than with say, the normal number of DC tourists. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [March 28, 2024, 4:46pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2305 "2024-03-28T16:46:03Z")
> [@kay1864](#): > > Yes, but I was talking more about “effect on election”, not “concern about public violence” And you think there’s a difference? Public perception about the election is what caused the violence last time. If the judge was that concerned about it, the judge would be bending over backwards not to give people another reason to think that the election was fraudulent. > [@kay1864](#): > > True, but with a huge inauguration crowd, the impact of said violence is potentially greater than with say, the normal number of DC tourists. There will be any number of events with large crowds that can be targeted. I don’t see any reason why the inauguration in particular would be the only concern. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [March 28, 2024, 4:48pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2306 "2024-03-28T16:48:50Z")
> [@kay1864](#): > > If the convicted felon is a flight risk, can/does a judge have them held in custody between “announcement of sentence”, and “announcement of evaluation of appeal”? It’s not uncommon for defendants to be taken into custody when the jury returns their verdict. I wouldn’t expect it hear, however. Most non violent federal defendants get a “report date” and I expect that courtesy will be granted to Trump. Unfortunately. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 4:49pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2307 "2024-03-28T16:49:17Z")
> [@Atamasama](#): > > Public perception about the election is what caused the violence last time. See 2 A, B, C. I think she sees these as more important than “does the public think I’m trying to influence the election” But if her decision is “should I delay my announcement for a month because there’s a huge crowd coming to DC on January 20”, there’s not much cost in delaying the sentence by a month or so. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 4:53pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2308 "2024-03-28T16:53:39Z")
> [@Atamasama](#): > > There will be any number of events with large crowds that can be targeted. I don’t see any reason why the inauguration in particular would be the only concern. I’m talking about riots in DC, not just anywhere. Since this case takes place in DC, it will be a magnet for such violence. And given that the violence will be pretty immediate, I don’t think there’s any events in DC in January or February as large as the inauguration. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 4:54pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2309 "2024-03-28T16:54:41Z")
> [@Procrustus](#): > > Most non violent federal defendants get a “report date” and I expect that courtesy will be granted to Trump. I can’t help but notice the irony of the term nonviolent, given the very nature of this case. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [March 28, 2024, 4:55pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2310 "2024-03-28T16:55:54Z")
> [@kay1864](#): > > See 2 A, B, C. I think she sees these as more important than “does the public think I’m trying to influence the election” You can’t have it both ways. Either the judge is worried about giving people a reason to be violent, or the judge finds it more important for the public to be informed. You are also making a very weird assumption; that the _sentence_ will lead to violence, but not the _conviction_. > [@kay1864](#): > > I’m talking about riots in DC, not just anywhere. Since this case takes place in DC, it will be a magnet for such violence. And given that the violence will be pretty immediate, I don’t think there’s any events in DC in January or February as large as the inauguration. I’m not sure if your assumptions are correct here, that DC will be especially vulnerable. The only reason that 1/6 happened as it did was because by interrupting the certification of votes, a transfer of power to Biden couldn’t happen (or so the theory went) which would keep Trump as president. None of that applies anymore. I don’t see that DC is going to become a target months after the fact because the trial took place there. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [March 28, 2024, 4:56pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2311 "2024-03-28T16:56:21Z")
> [@kay1864](#): > > I can’t help but notice the irony of the term nonviolent, given the very nature of this case . I paused when I typed that. But I think that’s how the court might consider it. The judge certainly has the power to order him remanded to custody when the jury convicts. Maybe she will. I’d love that so very much. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 5:02pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2312 "2024-03-28T17:02:39Z")
> [@Atamasama](#): > > You are also making a very weird assumption; that the _sentence_ will lead to violence, but not the _conviction_ Not at all. A, he’s still free after the conviction (maybe?), and B, they’ll think he’s getting house arrest. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 5:04pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2313 "2024-03-28T17:04:55Z")
> [@Atamasama](#): > > I don’t see that DC is going to become a target months after the fact because the trial took place there. Not just the trial, but also the sentencing announcement. These are not bright people. They think if they protest loudly enough near the courthouse, the decision will be reversed. Yeah, there will there could be violence elsewhere, but DC will still be the magnet. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 5:08pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2314 "2024-03-28T17:08:08Z")
> [@Atamasama](#): > > Either the judge is worried about giving people a reason to be violent, or the judge finds it more important for the public to be informed. Again, see 2 A, B, C. But the second decision is simply “is justice significantly affected by me delaying a 10+ year prison sentence by a month, to avoid violence when there’s a gigantic crowd in DC” ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 5:14pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2315 "2024-03-28T17:14:32Z")
> [@Procrustus](#): > > The judge certainly has the power to order him remanded to custody when the jury convicts. Yeah, that’s something I have no knowledge of in a case like this (but heck, you might; for all I know you’re a legal-type person). The only thing I’ve read is that federal judges normally takes one to two months before announcing sentencing. But good point, flight risk is a definitely a factor, once he is Convicted Felon Donald Trump. (Everyone please note that will be his official title at that point, up until he becomes Prisoner #24601) ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [March 28, 2024, 5:16pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2316 "2024-03-28T17:16:20Z")
> [@kay1864](#): > > The only thing I’ve read is that federal judges normally takes one to two months before announcing sentencing. That’s true. But the defendant can be in custody or out of custody during that time. As I said, it’s up to the judge. I’d suspect they will let him stay free until sentencing. Even then, I would guess he’ll get a reporting date, and not handcuffed in the courtroom. ---
**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\ **Post date:** [March 28, 2024, 5:16pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2317 "2024-03-28T17:16:53Z")
i’m still enjoying his new title of " [Judgment debtor - Wikipedia](https://en.wikipedia.org/wiki/Judgment_debtor) " ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [March 28, 2024, 5:17pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2318 "2024-03-28T17:17:59Z")
> [@kay1864](#): > > A, he’s still free after the conviction (maybe?), and B, they’ll think he’s getting house arrest. If they are going to assume that he’s getting house arrest, and therefore they won’t riot, then why wouldn’t they assume he’ll win on appeal and be released? I still think your take is a little weird and isn’t logical. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 5:22pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2319 "2024-03-28T17:22:23Z")
> [@Atamasama](#): > > why wouldn’t they assume he’ll win on appeal and be released? Because at that point he’s actually _in prison_. Enragement ensues. They’re not going to be thinking “oh, let’s not bother, he’ll be out in a couple of months”. > [@](#): > > I still think your take is a little weird and isn’t logical. Civility, please. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [March 28, 2024, 5:28pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2320 "2024-03-28T17:28:39Z")
> [@kay1864](#): > > Civility, please. Whoa now, I am not trying to attack you in any way, we just disagree. I think you are making an assumption without properly following the logic. We all do that at times, I know I do. That’s why I’m trying to point out the flaws that you might not have considered. > [@kay1864](#): > > Because at that point he’s actually _in prison_. Enragement ensues. They’re not going to be thinking “oh, let’s not bother, he’ll be out in a couple of months”. Okay, that’s fair; the point where he is seen going into custody is a very likely point of escalation. I think the only question is when that will happen. And if this is a concern (and that seems like a reasonable one), wouldn’t it then be a good argument to put him in custody sooner than later? If the judge has the discretion to put Trump in prison at the point of conviction, and conviction happens prior to the inauguration, why not put him in custody then? Especially if, as you argue (and I agree) the judge is showing that she wants it clear to voters how serious this issue is. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 5:30pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2321 "2024-03-28T17:30:24Z")
> [@Atamasama](#): > > I am not trying to attack you in any way, we just disagree That’s why we stay on the merits of the discussion. “Your take is a little weird” is not part of that. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [March 28, 2024, 5:31pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2322 "2024-03-28T17:31:46Z")
> [@kay1864](#): > > “Your take is a little weird” is not part of that. I just thought it was a weird conclusion to draw from my own perspective, which of course might be wrong. 🤷‍♂️ And I was trying to explain why it seemed weird to me. I certainly don’t think _you_ are weird, you are asking some really good questions and have had some very good insights as well with these posts. Sorry if my words offended you, that was definitely not my intention. ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [March 28, 2024, 5:33pm UTC](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2323 "2024-03-28T17:33:27Z")
> [@Atamasama](#): > > wouldn’t it then be a good argument to put him in custody sooner than later? Totally agree, and Procrustus indicates above that this is a possibility. And as Procrustus said, judges have a lot of discretion. But they still have to follow federal guidelines. I just don’t know what those guidelines are in a situation like this. [Previous page](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455.md?page=115) [Next page](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455.md?page=117)