HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

Don’t Jail Trump for January 6

Views:1018
@ReasonVids

As the latest testimony at the January 6 committee hearings makes clear, there is no doubt that former President Donald Trump is morally responsible for the attack on the U.S. Capitol.
---------
https://reason.com/?posttype=video&p=8194521

But there's a big difference between being morally responsible and being criminally liable, and anyone who thinks this is going to end with Trump being prosecuted for incitement, and then going to prison, desperately needs a reality check.

Eyewitness testimony from the January 6 hearings earlier this week does show that Trump wanted his supporters to march to the Capitol. "I will be making a Big Speech at 10AM on January 6th at the Ellipse (South of the White House)," he wrote in a draft tweet that was never sent "Please arrive early, massive crowds expected. March to the Capitol after. Stop the Steal!!"

On December 19, he tweeted: "​Big protest in D.C. on January 6th. Be there, will be wild!"

During his actual speech just before the attack, Trump told his supporters to "fight like hell" and to march to the Capitol "peacefully and patriotically." Shortly after, the protests got out of hand, and some members of the crowd smashed the windows of the Capitol, pushed past police, and invaded the building.

It's fair to hold Trump responsible for that; if he had not stoked the mob's anger by falsely claiming, repeatedly, that Democrats were stealing the election from him, there would have been no riot.

But do Trump's actions meet the legal definition of incitement to violence? No.

Under federal law, incitement is defined as "urging or instigating other persons to riot." The landmark 1969 Supreme Court case Brandenburg v. Ohio established that speech must be both likely to incite "imminent lawless action" and "directed" at achieving that result.

Trump's words inspired lawless action but didn't specifically call on the mob to engage in it. Asking his supporters to march to the Capitol is protected by the First Amendment.

Now some media commentators have said that recent testimony from Cassidy Hutchinson, a former White House aide, changes the equation: She said under oath that Trump knew that some of the protesters were armed with weapons, and didn't seem to care.

But that isn't legally relevant. People don't lose their First and Second Amendment rights just because they're exercising them at the same time.

We should be glad that these rights are protected by the Constitution. You may not like Trump. Personally, I think he's unfit for office. But we don't want to live in a country where people can be sent to jail because they said the wrong thing. Everybody benefits from a legal regime in which the rights to speak, to protest, and to be armed are vigorously protected.

So let's not send Trump to jail. Let's just never send him back to the White House.

Written and produced by Robby Soave; edited by Regan Taylor.

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
    Thumbnail for Great Moments in Unintended Consequences (Vol. 8)2:33
    Great Moments in Unintended Consequences (Vol. 8)
    ReasonVids
    1043 views
    Thumbnail for Advice Goddess Amy Alkon on Beating Some Manners into Impolite Society9:47
    Advice Goddess Amy Alkon on Beating Some Manners into Impolite Society
    ReasonVids
    948 views
    Thumbnail for National Committee Chair Nicholas Sarwark on the Libertarian Party's Plan for 20168:52
    National Committee Chair Nicholas Sarwark on the Libertarian Party's Plan for 2016
    ReasonVids
    933 views
    Thumbnail for Drew Drechsel at Stage 1 of American Ninja Warrior USA vs. The World 2015 | American Ninja Warrior2:00
    Drew Drechsel at Stage 1 of American Ninja Warrior USA vs. The World 2015 | American Ninja Warrior
    ninjawarrior
    1164 views
    Thumbnail for US 4-Star general tweets video game as real Ukraine war battle0:26
    US 4-Star general tweets video game as real Ukraine war battle
    bestofvoatxyz
    3168 views
    Thumbnail for The Reason This TV Show Ended... | cardogjones0:21
    The Reason This TV Show Ended... | cardogjones
    invidious
    94 views
    Thumbnail for The Value of a Man’s Unpaid Labor | Live From The Lair17:17
    The Value of a Man’s Unpaid Labor | Live From The Lair
    Terrence Popp
    432 views
    Thumbnail for How Obama Revived the Freedom Movement: John J. Pitney, Jr. on the libertarian electorate6:48
    How Obama Revived the Freedom Movement: John J. Pitney, Jr. on the libertarian electorate
    ReasonVids
    1026 views
    Thumbnail for Protesters Smoke Weed Outside of the White House1:05
    Protesters Smoke Weed Outside of the White House
    ReasonVids
    909 views
    Thumbnail for family court5:14
    family court
    AOUisgay
    476 views
    Thumbnail for Just the Two of Us0:12
    Just the Two of Us
    bestofvoatxyz
    747 views
    Thumbnail for Gun Control Is Still Dead: Paloma Heindorff on the Future of the Homemade Firearm Movement14:21
    Gun Control Is Still Dead: Paloma Heindorff on the Future of the Homemade Firearm Movement
    ReasonVids
    902 views
    Thumbnail for Cheech and Chong - Mexican Americans / Beaners3:41
    Cheech and Chong - Mexican Americans / Beaners
    bestofvoatxyz
    669 views
    Thumbnail for Treasure Island - (Russian - English dubbed) Part 137:49
    Treasure Island - (Russian - English dubbed) Part 1
    AOUisgay
    542 views
    Thumbnail for The shoes helped the owner defeat his competitor🥹 | #shorts #animation | Onion Stories1:00
    The shoes helped the owner defeat his competitor🥹 | #shorts #animation | Onion Stories
    invidious
    115 views
    Thumbnail for Canada DEMANDS Farmers Kill 400 Ostriches! | The Jimmy Dore Show37:41
    Canada DEMANDS Farmers Kill 400 Ostriches! | The Jimmy Dore Show
    invidious
    84 views
    Thumbnail for Beijing Biden's Big Red Army of Soy | Ride and Roast42:45
    Beijing Biden's Big Red Army of Soy | Ride and Roast
    Terrence Popp
    1498 views
    Thumbnail for I wouldn't go to France0:56
    I wouldn't go to France
    bestofupgoat
    355 views
    Thumbnail for The First Presidential Debate in 3 Minutes3:17
    The First Presidential Debate in 3 Minutes
    ReasonVids
    904 views
    Thumbnail for Just take your damn vax, goy! 0:09
    Just take your damn vax, goy!
    bestofvoatxyz
    666 views
    Thumbnail for Indiana Lawmakers Surprised To Learn They Banned Driving With Cell Phones1:29
    Indiana Lawmakers Surprised To Learn They Banned Driving With Cell Phones
    ReasonVids
    896 views
    Thumbnail for Have You ever tried to grow something?3:00
    Have You ever tried to grow something?
    bestofupgoat
    477 views
    Thumbnail for Democrat Debt Solutions: Tax the Rich, Spend More Money4:00
    Democrat Debt Solutions: Tax the Rich, Spend More Money
    ReasonVids
    862 views
    Thumbnail for Mira las imágenes del terremoto que provocó alerta de tsunami en California | Huguitoo8:11
    Mira las imágenes del terremoto que provocó alerta de tsunami en California | Huguitoo
    invidious
    119 views
    Thumbnail for Get your biggest tax refund guaranteed. Always free federal and $14.99 state filing. | FreeTaxUSA0:32
    Get your biggest tax refund guaranteed. Always free federal and $14.99 state filing. | FreeTaxUSA
    invidious
    348 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle