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Opper said her decision did not “clear Rep. Brandtjen of any wrongdoing, there is just not enough evidence to move forward to let a fact finder decide.”

While the New York case’s fact finder, Justice Arthur Engoron, is extremely capable—at least to the degree humanly possible—of putting aside Team Trump’s histrionics, those occupying the D.C. jury box will have no such experience.

That triggered a report from an independent fact -finder, who recommended the sides agree to a 7% increase.

Indeed, every judicial fact finder to reach the question has agreed, including the Maine secretary of state, and a majority of the House and Senate concluded Trump incited the insurrection.

"In an evidentiary hearing like Meadows' removal hearing this week, the judge is the fact finder, as well as the one who applies those facts to the applicable law. Judge Jones sits and judges the witnesses' credibility and trustworthiness."