NB: I wrote this note over the weekend, before we learned the January 6 Committee would hold an urgent sixth hearing on Tuesday where we heard testimony from Cassidy Hutchinson, a top aide to Trump’s chief of staff, Mark Meadows. Hutchinson, whose testimony included details like Mr. Trump’s penchant for flinging ketchup-laden hamburgers at the walls of the White House dining room when he was upset, reinforced my belief that my note this week is on the right track. Whether or not the Justice Department believes it has a prosecutable case, ultimately, the most important jury that will hear the evidence against Trump is the public. Hutchinson’s testimony about a president who knew the mob was armed but sent them to the Capitol anyhow, telling them to fight for him, and who appeared to be approving of threats to his Vice President demonstrates how profoundly unfit for office Trump is. The role of voters in 2022 and 2024 is paramount.

Dear Reader,

Juries matter. And in the case of former President Donald J. Trump, the jury of public opinion may ultimately matter far more than a jury in a criminal case. That may sound like an odd take from a prosecutor, so let me explain.

We still don’t know who else, if anyone, the Justice Department will indict in connection with January 6 and the Big Lie. The seditious conspiracy charges against members of the Oath Keepers and Proud Boys are a good start, and subpoenas and searches that became public last week suggest that DOJ is working up the chain of those responsible, perhaps looking now at people involved in the scheme to impersonate legitimate electors. The home of Jeffrey Clark, the would-be usurper at DOJ, was searched and electronic devices seized last week.