HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

Don’t Jail Trump for January 6

Views:1062
@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
    1037 views
    Thumbnail for Ep. 2469a -[CB] Panics Over Inflation, Moves To Counter It 70’s Style, Big Fail | X22report16:53
    Ep. 2469a -[CB] Panics Over Inflation, Moves To Counter It 70’s Style, Big Fail | X22report
    bitchute_topics
    1046 views
    Thumbnail for Remy: Horrifying Tweets Resurface1:47
    Remy: Horrifying Tweets Resurface
    ReasonVids
    838 views
    Thumbnail for Digimon 1:00
    Digimon
    Kingking24
    93 views
    Thumbnail for LAPD Stands Down on Occupy LA3:32
    LAPD Stands Down on Occupy LA
    ReasonVids
    1083 views
    Thumbnail for The Top 6 Craziest Things Cops Spent Forfeiture Money On1:08
    The Top 6 Craziest Things Cops Spent Forfeiture Money On
    IJvids
    967 views
    Thumbnail for cozy weekend vlog!🧁🧸baking, smoothies, sleep :) | toomuchzozo16:49
    cozy weekend vlog!🧁🧸baking, smoothies, sleep :) | toomuchzozo
    invidious
    73 views
    Thumbnail for Economist Richard Vedder on Why College Costs So Much9:36
    Economist Richard Vedder on Why College Costs So Much
    ReasonVids
    870 views
    Thumbnail for UK : Mohammed Sina, 30, illegal immigrant from Iran, attempted to rape 12-year-old British girls. Caught and arrested. Mohammed was previously in jail for assault and robbery.2:35
    UK : Mohammed Sina, 30, illegal immigrant from Iran, attempted to rape 12-year-old British girls. Caught and arrested. Mohammed was previously in jail for assault and robbery.
    bestofupgoat
    255 views
    Thumbnail for American (((pagans)))3:12
    American (((pagans)))
    bestofupgoat
    473 views
    Thumbnail for Another dual citizen behaving badly. She should lose the American part.1:43
    Another dual citizen behaving badly. She should lose the American part.
    bestofupgoat
    150 views
    Thumbnail for Brutal Doom Sunlust Map 0113:32
    Brutal Doom Sunlust Map 01
    brutalist_gaming
    1402 views
    Thumbnail for Panzerschreck: Germany Makes a Bazooka | Forgotten Weapons0:51
    Panzerschreck: Germany Makes a Bazooka | Forgotten Weapons
    invidious
    148 views
    Thumbnail for 3 Reasons School Choice is Growing6:56
    3 Reasons School Choice is Growing
    ReasonVids
    870 views
    Thumbnail for What did we do to deserve dogs?0:26
    What did we do to deserve dogs?
    AOUisgay
    500 views
    Thumbnail for Anti microbial properties sarrrrrrr!1:28
    Anti microbial properties sarrrrrrr!
    bestofupgoat
    146 views
    Thumbnail for This is why white men are getting their passports 0:50
    This is why white men are getting their passports
    bestofupgoat
    153 views
    Thumbnail for Kanye is wearing  a swastika shirt in public0:44
    Kanye is wearing a swastika shirt in public
    bestofupgoat
    123 views
    Thumbnail for Ranked Onyx Halo Infinite Gameplay (52 Kills, Killing Frenzy) | FatRat19:57
    Ranked Onyx Halo Infinite Gameplay (52 Kills, Killing Frenzy) | FatRat
    invidious
    435 views
    Thumbnail for DIY paper rose💗 | Sonya Art 220:16
    DIY paper rose💗 | Sonya Art 22
    invidious
    296 views
    Thumbnail for Indulge your sweet tooth with this GIANT REESE'S PEANUT BUTTER CUP! | Little Remy Food 🐭🍝0:23
    Indulge your sweet tooth with this GIANT REESE'S PEANUT BUTTER CUP! | Little Remy Food 🐭🍝
    invidious
    195 views
    Thumbnail for Patel reveals FBI inundated with Trump threats after Comey post #foxnews #news #us #fox #kashpatel | Fox News0:39
    Patel reveals FBI inundated with Trump threats after Comey post #foxnews #news #us #fox #kashpatel | Fox News
    invidious
    98 views
    Thumbnail for Pop Rock Radio [ 24/7 LIVE ] Best of Pop Rock Songs! Best Rock Music Hits Mix | Best of Mix1:00
    Pop Rock Radio [ 24/7 LIVE ] Best of Pop Rock Songs! Best Rock Music Hits Mix | Best of Mix
    invidious
    378 views
    Thumbnail for The Private Eye Trying to Prove an Innocent Man Was Sentenced to Death8:12
    The Private Eye Trying to Prove an Innocent Man Was Sentenced to Death
    ReasonVids
    935 views
    Thumbnail for at the last second0:11
    at the last second
    bestofvoatxyz
    879 views

points

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