Opinion | What the first Jan. 6 trial can — and cannot — tell us

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Opinion | What the first Jan. 6 trial can — and cannot — tell us
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It may be that the outcome of Guy Reffitt’s case can give us clues about how other cases will shake out. Or it may not, BarbMcQuade writes.

may provide a useful barometer for how other juries will respond. Any defendants still on the fence about pleading guilty may be waiting to learn Reffitt’s fate before deciding whether to take their own cases to trial. But the actions and intentions of each defendant vary, and so does their criminal liability.

Lawyers sometimes talk about “thinking like a lawyer.” It is not enough that someone did something bad or wrong — at least not for a conviction. Any lawyer worth his or her bar fees knows that to be convicted, a defendant must have violated a particular statute by engaging in the particular conduct that is prohibited while having the required state of mind. Oftentimes, when I served as a prosecutor, we would investigate conduct that seemed shady or reprehensible but violated no statute.

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