THE TIGHTENING NOOSE:

Failing to prevent a crime usually does not make someone an accomplice, but it is sufficient when this person had a legal duty to intervene. For this reason, a railroad conductor who failed to prevent passengers from transporting bootleg liquor was himself convicted of transporting the liquor. Similarly, a parent who made no effort to stop an assault on her child was guilty of the assault herself. And a police officer who arranges to be somewhere else at the time of a robbery aids and abets the robbery. This officer can be convicted along with the robbers at the scene.

The Constitution gave Trump a clear legal duty to intervene. Article II, Section 3 provides, "[The President] shall take Care that the Laws be faithfully executed." This provision permits good-faith exercises of law-enforcement discretion, but a president unmistakably violates his duty when he refuses to enforce the law because he wants a crime to occur--when, for example, he hopes to advance his own interests through the criminal conduct of others. As abundant evidence shows, that's what transpired on Jan. 6.

Trump's ability to enforce the law was unique. Like other public officials, he could have sought the assistance of additional police officers or military forces, but, unlike anyone else in America, he had a less costly and probably more effective way to bring the crime to a halt: He could simply have asked his followers to stop.

More than three hours after the rioters violently entered the Capitol grounds and two hours after they forced their way into the building, Trump did post a video telling them to go home. But he resisted sending any cease-and-desist message earlier, thereby violating his duty to see the law enforced.

Trump had another legal duty--a duty apart from his duty to "take Care that the Laws be faithfully executed"--to do what he could to end the occupation. Even if his direction to march to the Capitol and "fight like hell" was not intended to start a riot, it led to violence and placed the Vice President and members of Congress in peril. A person who creates a physical danger--even innocently--has a legal duty to take reasonable measures to prevent injury from occurring. Someone who's started a fire can't just let it burn out of control.

Trump could not be convicted without proof of his criminal intent, but his desire for continued occupation of the Capitol seems clear. Why else did he fail for hours to ask his supporters to desist, and why, even then, did he tell these criminals "we love you" and "you're very special"? And why, according to ABC News correspondent Jonathan Karl,  did the first takes of his message leave out a request to end the occupation, prompting his aides to request repeated do-overs?

White House officials told a Republican senator that Trump was "delighted" when rioters pushed their way past police officers to enter the building. A close advisor to the President informed the Washington Post that "rather than appearing appalled, Trump was , , , enjoying the spectacle and encouraged to see his supporters fighting for him." Officials told Kate Collins of CNN that Trump was "borderline enthusiastic because it meant the certification [of the election] was being derailed." Trump booster Sen. Lindsey Graham observed, "The president saw [the rioters] as allies in his journey."

Trump's rebuffs of specific requests for assistance supply further proof of his intent.

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