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January 1, Loophole Could Shield Trump From Jan. 6 Charges
ON THIS DAY IN HISTORY…
1979: After invading Afghanistan two days earlier, Soviet forces pull off a coup in Kabul, killing President Hafizullah Amin.
The Jan. 6 House Select Committee has issued four criminal referrals against former President Donald Trump, but a decades-old legal precedent could shield him if charges are ultimately filed.
The committee’s referrals were for obstruction of an official proceeding, conspiracy to defraud the U.S., conspiracy to make a false statement and to “incite,” “assist,” or “aid or comfort” an insurrection.
If charges are brought, Trump’s legal team could use the First Amendment’s free speech protection as a defense.
Free speech, which the U.S. Supreme Court has protected for decades, has limitations on when it can be criminalized. Under the precedent set by the 1969 case Brandenburg v. Ohio, the Supreme Court considers two factors when dealing with speech:
1. The speech must be intended to incite or produce lawless action
2. The speech must also be likely to incite or produce lawless action
A recent article published by The Atlantic said that Trump’s defense team could continue to argue that what he said on Jan. 6, 2021, was protected by the First Amendment.
During Trump’s speech at a Save America rally, he repeatedly called for his supporters to “fight” — but the argument could be made that the word was metaphorical, as Trump didn’t demand specifically for his supporters to initiate or partake in violence.
Also, Trump urged his supporters to avoid violence and march “peacefully and patriotically.” It would be difficult for prosecutors to argue that he explicitly urged lawless action.
Source: Newsweek
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While It’d be difficult for prosecutors to argue that Trump explicitly urged lawless action on January 6th, I’ve no doubt they’ll try.
If anyone “incited” lawlessness, it was Ray Epps. Seems he was the only one not charged at all. For anything. Something rotten in Denmark
The witch hunters will keep attacking Mr. Trump because they are deathly afraid of him
Anything that gets rid of dementia Biden is a good thing.
Will someone please tell me why they are afraid of Trump?
Is it because the left is stealing tax money and is worried they will be caught?
They have been stealing for years
It was suspected in advance that ther would be a demonstration on Jan 6, but Nancy Pelosi and the Democrats did nothing to prepare for it despite President Trump’s requests. The FBI planted instigators in the crowd to insure a violent demonstration. and the initial “attack” began long before Trump concluded his speech.
Another “loophole” is that the investigation was unconstitutional. The House had no authority to do anything it did and they know it.
it is hard to believe that biden won the election without campaigning and hiding in a bunker instead. trump was winning on election night when i went to bed. i woke to discover biden had easily won the election in the electoral college while eclipsing the record vote count. we, as the people, have no way to question the integrity of the election based on the outcome. Joe biden can get on tv and brag about the most inclusive and widespread voter fraud campaign this country has ever seen, and we cannot question the integrity of the election. They call it a gaffe. president trump did not start the stop the steal movement, and he did not say anything about the election after it was decided. He went on vacation, and he didn’t start talking to people about the election until december of 2020. There was no organized effort to overthrow the government, they just wanted to stop the travesty that happened from occurring. Not only could we not stop them from stealing our election, we can’t stop them from doing it again