The U.S. Constitution. Remember that?
Without PROBABLE CAUSE, the indictments must be thrown out and very possibly prosecutorial misconduct considered. First, the Supreme Law of the Land, the U.S. Constitution:
The 4th Amendment begins with confirming that one has the right to be secure in his person and his belongings from government interference (unless there is probable cause (PC) of committing a crime). (The 4A doesn’t grant the right, it simply confirms the right with which the Declaration of Independence (DOI) has declared we are endowed by God upon birth.
The body of the Constitution, in which the states ratified the transfer of certain limited and enumerated powers from the States and the people to the central government, does not transfer that power from individuals to the federal government so the 4A simply confirms that this right of security from the government belongs to the individual - true with all first eight amendments which are wrongly called a “bill of rights”).
So, based on our basic God-given right to security from the government, in order to even start an investigation, the government must have legitimate reasonable suspicion (RS) that a crime was committed. Reasonable suspicion requires articulated and specific reasons why the prosecution believes the defendant committed a crime. “Hunch” or something other than facts that can be articulated are not good enough to detain or investigate.
Probable cause (PC) goes a step further. PC goes from “possible” (RS) to “probable” (PC), again requiring articulation of facts that a crime was PROBABLY committed, enough that prosecution could reasonably believe a judge would issue a warrant.
Next, the facts of the case:
I do not know the facts or the specific federal law well enough to judge in this case.
However I will say that the Leftist Congress and Biden and his administration including the DOJ & FBI, have broken the law many times in having NO articulated reasonable suspicion BEFORE they begin their investigation, much less PC to formally accuse (”indict” or “impeach”). I think it is safe to presume that these actions of this rogue and corrupt government are also absent RS or PC.
Meanwhile, none of the "experts" seem to focus on the CRITICAL threshold issue of an articulable RS of a crime to even start an investigation and PC to charge ("indict").
So far, I have seen no nexus between the law and the facts here - the statutes being used, and facts about why and who reasonably believed Trump committed a crime against those statutes. Instead, from all appearances, they are illegally using Court proceedings to see if they can ferret out RS and PC, just like they have done with their frivolously and illegal accusations and charges from day one of Trump's initial presidential announcement.
WHY DOES NO ONE CALL OUT THE ABSENCE OF RS AND/OR PC without which further Court proceedings are simply unconstitutional and, thus, illegal????.
Again, this is the "Grand Inquisitor" stuff of totalitarian regimes that need no legal justification for their actions.
Great analysis, if we actually lived under the Constitution and rule of law. That stuff doesn’t matter anymore. The Constitution and the Republic are dead.