During an appearance on MSNBC on Saturday morning, former U.S. Army prosecutor Glenn Kirschner argued that Donald Trump could be charged for the death of Capitol police officer Brian Sicknick during the January 6 riot, which he claimed was a murder — despite a current lack evidence supporting the theory.
According to Kirschner, the impeachment trial on Trump's charge of inciting insurrection is also a "murder trial." As reported by Raw Story, the former prosecutor continued to argue that Trump committed a felony through the incitement of insurrection and suggested he face charges for any crimes that resulted from the riot, including Sicknick's alleged murder.
"So I could see a grand jury look at the evidence and hold Donald Trump or indict Donald Trump not only for the insurrection but all crimes that flowed therefrom like the murder of Brian Sicknick."Kirschner also suggested the possibility of Trump being charged hinges significantly on whether the Department of Justice confirms Merrick Garland as attorney general and has him do a "deep dive" into who was at fault for the events of January 6.
The cause of Sicknick's death is still not known. As reported by CNN, the FBI and Washington, D.C. prosecutors are still attempting to piece together the events of January 6 and determine what killed Sicknick. Initial reports cited two law enforcement officials who suggested Sicknick died due to bludgeoning with a fire extinguisher, which CNN claimed investigators have determined is not true.
A statement released by Capitol police last month said the officer collapsed in his office after injuries sustained "while physically engaging with protestors." According to the publication, one leading theory is that Sicknick suffered a fatal reaction to pepper spray.
According to Reuters, it is unlikely that Trump will face criminal prosecution for his role in the riot. The publication pointed to legal experts who noted the United States' broad protections for free speech would likely shield Trump from culpability for inciting any of the crimes that took place during the storming of the historical American building.
"Trump would have a strong argument that he engaged in free speech protected by the First Amendment of the U.S. Constitution, legal experts said."Still, District of Columbia Attorney General Karl Racine previously revealed that his team is probing all of the speakers at the Stop the Steal rally held before the storming of the Capitol — including Trump. Nevertheless, Racine noted the probe will balance First Amendment protections versus the law that makes it illegal to encourage, cajole, and otherwise motivate people to commit violent acts.