NOTUS: “Halfway into the 137-page report, Smith described how prosecutors considered criminal charges holding Trump directly responsible for the attacks but concluded it would add too much ‘risk’ to their case.” From the report: “The office recognized why courts described the attack on the Capitol as an ‘insurrection,’ but it was also aware of the litigation risk that would be presented by employing this long-dormant statute.” “One barrier was that Trump didn’t neatly fit into the widely recognized definition of an insurrectionist leading a rebellion from the outside.