In a 7-2 opinion, SCOTUS may have imposed a new burden on the DOJ's investigation into Donald Trump's role in the Jan. 6 riot at the Capitol, according to legal experts.
Through a 7-2 opinion in Counterman v. Colorado on Tuesday, the high court held that when a defendant is prosecuted for communicating a violent threat, the government must prove that the defendant understood that the communication would likely be perceived as a threat.
Compiling that with Smith's two-pronged investigation into Trump, legal experts have speculated whether the DOJ would be able to put together a potential prosecution alleging that Trump helped incite the riot. Other legal experts agreed with Rozenshtein in part, including Vermont Law and Graduate School professor Jared Carter, who told the Washington Examiner, "It puts the burden on the prosecutors."
"The State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence," Justice Elena Kagan wrote for the majority."The State need not prove any more demanding form of subjective intent to threaten another."
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