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The Annual “Ask Us Anything” Episode

The Lawfare Podcast

CHAPTER

What's the Predicate Offence for a Corruption?

conspiracy is there has to be an agreement and an overt act between two people, or at least two people, to commit a crime. So the first problem is that i'm not sure you're talking about one conspiracy here. There may be more than one. And it is not clear to me what crime somebody who just was planning to persuade the vice president to count the votes wrong would be guilty of. But with respect to the january sixth violence, it is harder, i think, here, to identify an agreement. Certainly there are groups of people, and there are indictments involving the proud boys, for example, where there were groups of people who engaged in conspiracy. I don't

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