Donald Trump claims he is the target of a federal investigation of the January 6th insurrection. Trump also claims that the letter he received Sunday night was written by a deranged special prosecutor, Jack Smith.

According to the Justice Department, being a target of an investigation means “a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.”

We don’t know what crimes Trump will be charged with. There is a very good chance that one of the crimes in a forthcoming indictment could be the crime of Seditious conspiracy, which is identified in the U.S. Code in Title 18 U.S. Code 2384 (Seditious conspiracy. If he is found guilty of seditious conspiracy, then he would be liable to section 3 of the 14th Amendment. Section 3 reads:

Section 3.No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

14th Amendment to the U.S. Constitution (Civil Rights), Milestone Documents, National Archives.

Targets

Four Oath Keepers were found guilty of seditious conspiracy related to the U.S. capitol breach. It is important to note that the “leader” of the Oath Keepers” was found guilty of orchestrating a plot to attack the U.S. Capitol. Donald Trump could be found guilty (along with many others) of planning to prevent the peaceful transfer of power and inciting a mob of American citizens to march down Pennsylvania Avenue to the Capitol. Near the end of his rant (speech on January 6), he said:

And I say this despite all that’s happened. The best is yet to come.

So we’re going to, we’re going to walk down Pennsylvania Avenue. I love Pennsylvania Avenue. And we’re going to the Capitol, and we’re going to try and give.

The Democrats are hopeless — they never vote for anything. Not even one vote. But we’re going to try and give our Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to try and give them the kind of pride and boldness that they need to take back our country.

So let’s walk down Pennsylvania Avenue.

Brian Naylor, Read Trump’s Jan. 6 Speech, A Key Part of Impeachment Trial, February 10, 2021. NPR.

In The Trump Files, a comprehensive and sweeping indictment of the former president, you will find the evidence I provided that suggests that Trump orchestrated events leading up to the Jan. 6 insurrection.

Remember, that Trump was charged with incitement of insurrection by the House of Representatives in his second impeachment. The majority of Representatives and Senators agreed with the impeachment indictment, but because the Senate requires 67 guilty votes, he was not convicted.

The coming indictments and subsequent trial will differ significantly from the deliberations and voting in Congress. Trump will be judged by a jury of his peers in Washington, D.C., the location of the breach on the U.S. Capitol. If he is found guilty of seditious conspiracy, Trump will not be able to hold any elected office in the United States.