“First, the education of the American people will go on for months and possibly years, as civil litigation and possible criminal cases wind their ways through the court system. Second, the cost of the defense may well bankrupt groups such as the Proud Boys and the Oath Keepers; that’s the point. It may also put a considerable financial burden on Giuliani and even his client, who seems to have difficulty finding competent counsel. “One advantage of civil enforcement is the standard of proof of preponderance of the evidence instead of guilt beyond a reasonable doubt,” former prosecutor Barbara McQuade told me. ‘Civil enforcement was used to hold O.J. Simpson accountable when criminal enforcement fell short. Although the penalty is money damages and not imprisonment, for some defendants, that punishment hurts them more than any prison time could.'”

“Third, civil suits provide for discovery – documents and live testimony from third parties can be required. The former president may be forced to testify under penalty of perjury (unless he invokes his Fifth Amendment rights). John Paredes, counsel at Protect Democracy, observed that ‘if discovery here – or in any other congressional or judicial proceeding for that matter – turns up evidence that certain individuals knew that there would be a storming of the Capitol but didn’t take any action to prevent it from happening, they too may soon find themselves called to account for their actions in federal court.’ No doubt, there are a host of attorneys delighted to take up cases against the former president and his accomplices pro bono or on a contingency. We may see a cottage industry of such lawsuits related to the Jan. 6 attack. It may prove to be an extremely effective way to hold the former president accountable” – Jennifer Rubin.