Capitol Riot

Prosecuting Trump for Incitement Would Set a Dangerous Precedent

Unlike the cancellation of Josh Hawley’s book, such criminal charges pose a real threat to freedom of speech.

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When Simon & Schuster canceled publication of Josh Hawley's book The Tyranny of Big Tech, the Missouri senator called the decision "a direct assault on the First Amendment." For reasons the Yale-trained lawyer and former Supreme Court clerk should understand, that description was wildly wrong.

By contrast, another reaction to last week's deadly assault on the Capitol—the suggestion that President Donald Trump should be not only impeached but criminally prosecuted for inciting a riot—poses a real threat to freedom of speech. Trump's opponents may regret establishing a precedent that speakers who neither practice nor preach violence can be held criminally responsible for the conduct of listeners inspired by their words.

Simon & Schuster shunned Hawley because he played a leading role in challenging electoral votes for President-elect Joe Biden, the same cause that motivated the pro-Trump rioters who invaded the Capitol. "We…cannot support Senator Hawley after his role in what became a dangerous threat to our democracy and freedom," it said.

Regardless of whether that decision was wise or fair, it clearly did not violate the First Amendment, which constrains the government, not private individuals or businesses, and actually protects a company's right to publish (or not publish) whatever messages or messengers it wants. As the title of Hawley's book suggests, he routinely blurs that crucial distinction.

But the same constitutional guarantee that allows Simon & Schuster to disavow Hawley also gives Americans wide freedom to speak their minds, even in highly inflammatory ways. When Trump riled up thousands of his followers with his oft-repeated fantasy of a stolen election, after which hundreds of them stormed the Capitol, his actions, however outrageous and irresponsible, did not exceed the bounds of constitutionally protected speech.

Even advocacy of illegal behavior, the Supreme Court ruled in the 1969 case Brandenburg v. Ohio, is protected by the First Amendment unless it is both "directed" at inciting "imminent lawless action" and "likely" to do so. It is hard to see how Trump's speech, which urged his supporters to "fight like hell" against an "egregious assault on our democracy" as a joint session of Congress was convening to affirm Biden's victory, meets that test.

Given the context, it was likely that the president's words would encourage imminent lawless action by at least some of the protesters. But was that his intent?

Unlike Clarence Brandenburg, the Klansman whose prosecution the Supreme Court deemed unconstitutional, Trump did not advocate lawbreaking, even in general terms. On its face, his speech called for nothing beyond peaceful protest.

"We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated," Trump said. "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard today."

When Trump sent his irate followers to the Capitol on a doomed mission to stop Biden from taking office by expressing their displeasure at that prospect, violence was predictable. But that is not enough to satisfy the Brandenburg standard.

"Saying things that foreseeably move some audience members to act illegally isn't enough," notes Eugene Volokh, a First Amendment specialist at UCLA School of Law. "Speaking recklessly isn't enough. The Court was well aware that speech supporting many movements—left, right, or otherwise—that merely moves the majority to political action may also lead a minority of the movement to rioting or worse. It deliberately created a speech-protective test that was very hard to satisfy."

There are sound reasons for that. If Trump's speech was a crime, so is similarly fiery rhetoric at other protests marked by violence.

The risk is not merely theoretical. Protesters have faced lawsuits after police officers were injured or killed during Black Lives Matter demonstrations, based on the claim that their criticism of law enforcement inspired those assaults.

We should think long and hard before we let the justifiable anger at Trump incite violence against the Constitution.

© Copyright 2021 by Creators Syndicate Inc.

NEXT: Rep. Peter Meijer, on Impeachment Vote: 'There's an Assumption That People Will Try To Kill Us'

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  1. We definitely need to turn the heat down on a lot of this. Ultimately, laws are just slightly formal encodings of morays. As we legally and culturally chip away at things it will ultimately lead to the destruction of free speech in a larger way.

    And it’s not unheard of, even here. The classic “fire in a crowded theater” being used to justify the arrest of a antu-conscription activist during WW1 being a classic example.

    Though there is a very concerning trend underlying much we’ve seen which conflates legality with morality, and that’s both an easy view to fall into and one of the most dangerous long term.

    1. How does one encode an eel? Frankly, I don’t even understand how one can encode morés, or Scottish council areas, but the eel encoding sounds like some fascinating cultural practice of which I have never heard.

      1. Maybe you can use Python. Eels look similar to snakes.

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              1. Regardless of whether that decision was wise or fair, it clearly did not violate the First Amendment, which constrains the government, not private individuals or businesses, and actually protects a company’s right to publish (or not publish) whatever messages or messengers it wants.

                LOL yeah right. If it was a message about racial inequality written by a black guy - they better publish it! LOL

                Now do bakeries, Jacob "Sullen Dick"

                1. Even advocacy of illegal behavior, the Supreme Court ruled in the 1969 case Brandenburg v. Ohio, is protected by the First Amendment unless it is both “directed” at inciting “imminent lawless action” and “likely” to do so. It is hard to see how Trump’s speech, which urged his supporters to “fight like hell” against an “egregious assault on our democracy” as a joint session of Congress was convening to affirm Biden’s victory, meets that test.

                  You forgot to mention that Trump, in the same speech, conveyed the expectation that the crowd do so "peacefully."

                  "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard."

                  Jacob "Sullen Dick" is transforming into mainstream media garbage, where lies are painted via a façade, that lacks context, which was purposely removed by omission.

                  1. Trump did not advocate lawbreaking, even in general terms. On its face, his speech called for nothing beyond peaceful protest.

                    Ok. I'll give this one item to Sullen. This one time. I'll give it to him.

                    When Trump sent his irate followers to the Capitol on a doomed mission to stop Biden from taking office by expressing their displeasure at that prospect, violence was predictable.

                    And here we go again. Nope. Violence was not predictable. No one could have predicted it. Nope.

                    1. We should think long and hard before we let the justifiable anger at Trump incite violence against the Constitution.

                      This article reeks of TDS. But it's not that bad. I give Jacob "Sullen Dick" a "D+." And only one picture for this article - that is ... long and hard.

                      ………………………………………………………………………TDS
                      …………………………………………………………….TDS….. TDS…TDS
                      …………………………………………………TDS……………………TDS..TDS
                      ………………………………………….TDS………………………………..TDS
                      ……………………………………TDS
                      ………………………………..TDS
                      ……………………„„-~^^~„-„„_
                      ………………„-^*” : : „” : : : : *-„
                      …………..„-* : : :„„–/ : : : : : : : ‘\
                      …………./ : : „-* . .| : : : : : : : : ‘|
                      …………/ : „-* . . . | : : : : : : : : |
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    3. The Don did not do anything near a criminal action.
      If this farce is being perpetrated with the thought that
      some kind of crime has been committed,it is caused
      by the TDS in their fevered brains.

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  2. When you ask why Trump should be impeached for speech that even detractors admit was not criminal, they say correctly that impeachment can be for any reason, not just crimes. When you ask why all those mayors and governors should not be arrested for their blatantly criminal actions in encouraging the rioting, looting, and murdering that went on in spite of their lockdowns, who used government resources to implement the autonomous zones with their further burning, looting, and murdering, and who refused to arrest or prosecute those criminals, while arresting people who defended their property against the mobs police would not constrain …

    Crickets.

    1. There is plenty for which Trump could be impeached even without the incitement, like that Georgia phone call to find him more votes. Impeach the motherfucker and get him out of there and away from the nuclear football.

      1. No shit, Sherlock. Every President and indeed politician could be impeached foe anything because impeachment does not require a crime. Why is that so hard for you or anyone else to understand?

        My point is the hypocrisy if blaming Trump for one day’s occupation and rioting by fewer people than were burning, looting, and murdering in dozens of cities all summer long, with the explicit connivance of Democrat mayors and governors, to the point of pulling police out, ordering no arrests, dropping charges, and handing over government resources. Those were actual criminal reasons for arresting politicians, yet the media anoints them as heroes.

        Can you smell, or spell, hypocrisy? Or are you still limiting your imagination to new ways to get mad at Trump?

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      2. Thats not what the phone call actually said you dishonest fuck.

        A) about 4k votes had already been found during the recount.

        B) trump believed there were at least 70k votes that were fraudulent.

        Asking someone to find more missing votes as had ready been discovered or finding fraudulent votes isnt asking to manufacture votes you dishonest fuck.

        1. Chipper did not say “manufacturer votes” in his comment you disingenuous fuck! Take what Trump was asking any way you like but don’t put words in people’s mouths just to show your undying devotion to your orange messiah!

        2. Oh so, Trump telling Raffensperger to find exactly 11,780 votes to give Georgia to him was a legitimate concern of voter fraud of specifically 11,780 fraudulent votes. You, sir, are the most obtuse person I have ever had the displeasure of seeing comment.

          But hey, he can just tell the public that he “recalculated” and if he didn’t it would look really bad on him.

          1. They have the mind of a child, forget reasoning with the mob.

      3. Impeach him for the Georgia phone call…….

        FFS, you’re an idiot.

    2. I have seen people make that argument. They literally say that was acceptable because the BLM riots were fighting for rights. They see that cause as just, therefore its excesses can be excused. It is not that there is a riot, it is what the riot is for.

      1. It can’t be easy living in a Democratic h*llhole.

        1. TDS is mind numbing.

    3. Yeah but when you whatabout the whatabout then whatabout this other thing over here?

      1. “Yeah but when you whatabout the whatabout then whatabout this other thing over here?”

        You misspelled “pointing out lefty shit hypocrisy”, lefty shit.

  3. The Democrats can’t conceive of this being used against them in the future. How could it? They’re in charge now.

    1. And it looks like forever….

  4. Worried about a dangerous precedent? Too late. Mr. Trump has already set a dangerous precedent by staging a failed clown coup. The incitement to insurrection didn’t begin with a single speech on January 6. It began the day after the Electoral College voted. Mr. Trump has willfully chosen to assault Article 1 of the US Constitution and the 12th Amendment. He gambled. He lost. Five people are dead. A price must be paid.

    1. What do you call all the Democrat government-encouraged insurretions across this country all summer and fall, and their media blessings?

      What price do you propose should be paid for those?

      1. What price do I propose?

        I propose the prosecution of individuals who willfully commit crimes against the US Constitution, including any who willfully committed such crimes this Summer.

        What price do you propose?

        1. Bout Tree Fiddy.

          1. LOL. A Buck O’Five!

      2. watabout watabout watabout

        so catchy. I see why people without a good point like it so much.

        1. Are you sure it’s whatsboutism?

          I thought it was more of a case of “The lady doth protest too much, methinks”

    2. A lot more than 5-people died that day…. But only ONE died in direct relation; the one who was shot by Capitol police.

      You don’t think people see what you’re doing?? It’s a play-by-play of how Hitler took over Germany… The fact Democrats have embraced themselves as the National Socialist Party and their policy completely inline with Hitlers is a dead give away.

      The USA is a Constitution Union of Republican States meant to PROTECT YOUR Individual Liberty and Justice.. The government is suppose to work to ensure your freedom of independence and individuality. Yet you on the left create these [WE] mobs of popularity POWER contests that compulsively tries to PLAN other peoples lives for them, steal all their money and pretend to be RULERS over them. You’ve got to get this idea that POWER over others is the cure-all or more to the point the ONLY-ALL. Republican want ALL Democrats to enjoy Individual Liberty and Justice not just themselves. It’s an ALL people can have this without sacrificing other’s to STEAL it situation.

      1. Probably 2 people, unless you have other information. Brian Sicknick appears to have died as a result of being hit in the head by a thrown fire extinguisher, and there was the woman who was shot and killed by PD. The other 3 were a heart attack, a stroke, and what appears to have been a drug overdose (random collapse of someone who apparently had been in recovery for a short time).

        1. Has the fire extinguisher claim been confirmed yet? Last I heard is was claimed but never confirmed.

          1. Not sure. There is a video of it happening, so he did in fact get hit. I have no idea if it was the actual COD or if the narrative is accurate. Final COD probably hasn’t been determined for any of the deaths by now, and may never be released for any of them except the woman who was shot (may be released as part of the investigation outcome. COD seems obvious for that one anyways).

            1. Awe yes; Thank you – found it. Certainly wasn’t a violent attack I see. Far worse than getting hit by a flying flag. Considering the officer had a helmet on – don’t think anyone could logically call it the ONLY cause of death.

          2. To clarify that last comment, the media is already reporting that the heart attack, stroke, and likely OD are related to the protests/riots/whatever. I doubt we will ever get confirmation by way of coroner’s reports when there is already a bias against the truth.

      2. Republicans were the ones that invented the Patriot Act, so don’t give me that bullshit about protecting individual liberty, you cuck. And every single person we have elected since has done nothing to get rid of it.

        We have so many wonderful things to thank for it now. Like TSA checks at the airport and full body scanners, yet the GOP has the audacity to scream that their freedoms are being taken away when a simple little metal detector is installed in the Capitol building and they get checked for weapons. OMG. So does that mean they will get rid of the Patriot Act? Nope.

        You. Are. Dumb.

        1. Trump did have an entire committee of De-Regulation, Didn’t grow war powers, Cut taxes, Cancelled IPCC treaties……..

          Thus is why he’s my favorite Republican President in probably my entire life….. Yes the GOP has many Power-Mad politicians; And GWB was one of the worst.

          Can both sides get on board with a limited government? That’s the real question.

          1. Why didnt he get rid of the Patriot Act to stop our government from spying on its own citizens???

            1. “Why didnt he get rid of the Patriot Act to stop our government from spying on its own citizens???”

              Because he isn’t the tin-pot dictator TDS-addled shits like you believe.

          2. I disagree with you that Trump is a champion of limited government. Not growing war powers is not an example of limited government, it is only an example of not growing it larger. Reducing taxes is not an example of limited government, it is just reducing our tax burden, not getting the Federal government out of our pockets. Not sure how IPCC treaties are an example of federal overreach. Going to have to explain that one to me, unless you are insinuating that government imposed regulations on corporations are part of that.

            The only point you have going for you is de-regulation.

            But really, Trump has done a lot to expand the scope of the government. Here are a few examples:

            https://www.popdust.com/is-trump-for-big-government-2648564586.html

            1. “…Not growing war powers is not an example of limited government, it is only an example of not growing it larger. Reducing taxes is not an example of limited government, it is just reducing our tax burden,..”

              That sort of spinning would make anyone other than aTDS-addled lefty shit dizzy.

    3. Your perception of events is progtard bullshit.

  5. The basic problem is that we’re in late stage capitalism and there really aren’t any big opportunities left other than the self-imposed (e.g. global warming) and the insoluble (e.g. cancer). Unless you have a billion dollars and well connected friends, you are out of luck. Whereas the alternative is socialism under Biden, which is rife with opportunities for creating misery and exploiting it for profit (e.g. federally funded ‘autism’ ‘treatment’ among a million other cottage industries not to mention plumb politburo appointments).

    Thus it’s a battle between socialism and not capitalism, but the cult of Trump. However people were tired of Trump’s same old incendiary rhetoric. He had little alternative other than to incite an insurrection by inflaming the patriotic/religious fervor of the crowd and hope for the best. This will be made obvious in due course from the testimony of the protesters.

    But I agree it fails the Brandenberg test.

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    2. It’s funny you excuse the last 8-years of employee entitlement under Obama. The [WE] mob POWER to STEAL = WEALTH theory is what demolished the opportunity in this country. I have 5M things to do on my to-do list; would love some help — But with the Federal government taking 50%, Government telling me my employee’s have to have $7.25, + $3.25, +++++++ to have them help; It’s not worth it! I think about all the people who could be CREATING something and how the National Socialist Party Government has destroyed that opportunity of the basic ability to create VALUE it makes me sick.

      1. So sick in fact I’ve resorted to spending far too much of my time posting comments to persuade a change. Let PEOPLE live without your PLANS for crying out loud!

    3. “Unless you have a billion dollars and well connected friends, you are out of luck.”

      And yet Mark Zuckerburg, Evan Spiegel, Nathan Blecharczyk, Trevor Milton, and plenty of others seem to have found big opportunities without a billion dollars or notable connections. And tens of millions of others are doing just fine too (being a billionaire isn’t the only measure of success)

      Perhaps capitalism isn’t as “late stage” as you might think

      1. And yet Mark Zuckerburg […] and plenty of others seem to have found big opportunities without a billion dollars or notable connections.

        Facepalm. Do you really think Zuckerberg didn’t get where he is now from the government to wage digital warfare in the Middle East, just like the digital warfare he’s complicit in waging against Americans during this Covid/election cycle?

        GTFOH. Facebook is covered in Democrat money. And in exchange he sends his buddies to DC to write regulations for Facebook!

        1. Check aisle 6 for the tin foil hats; blue-light special later this afternoon.

    4. Brandenberg did not involve speech of a government employee. ¨When a public employee speaks pursuant to employment responsibilities, … there is no relevant analogue to speech by citizens who are not government employees.¨ Garcetti v. Ceballos, 547 U.S. 410 (2006). When a government employee speaks as part of his employment duties, pursuant to official responsibilities, First Amendment protection does not attach.

      President Trump has a constitutional duty to take care that the laws are faithfully executed. His comments of January 6 are unprotected under Garcetti.

    5. “The basic problem is that we’re in late stage capitalism…”

      Bull.
      Shit.

  6. For reasons the Yale-trained lawyer and former Supreme Court clerk should understand, that description was wildly wrong.

    If the idiot had framed it as an assault on free speech, he wouldn’t be quite so derided by journalists and his point might actually have been analyzed by more of them.

  7. When Trump riled up thousands of his followers with his oft-repeated fantasy of a stolen election…

    I would like journalists to go back in time and phrase the democratic left’s four-year rile-up about a stolen 2016 election similarly as a fantasy. Is that too much to ask? But of course journalists were a huge part in riling people up, so they will not be traveling back in time or even be introspective about their own culpability in any of this.

    1. We’ve seen even now that their fact-checking is highly selective, as many if not all are reporting Pramila Jayapal’s claim that fellow members – Republicans only – gave her COVID because they refused to wear masks. This claim should have included the ever-popular-during-the-Trump-years “baseless” or “without evidence” qualifiers.

      (She appears to have been caught on camera at the same event without a mask of her own.)

      1. Is there any evidence that any GOP member physically present had COVID and was contagious on that day? Or that she could have caught it on that day?

        1. Remember them forcing Barrett to wear a mask, though she’d already had Covid, and was categorically incapable of transmitting it to anybody? This isn’t about facts.

          1. ^Exactly;; It’s about which [WE] mob gets to control the POWER Democratic National Socialists took from the People. Give that POWER back to the people or even JUST to the States and the USA would start to shine again.

            1. Remember that time that Republicans authored the Patriot Act, and not a single one has given a true shit about your POWER as a citizen since than? STFU.

              1. Well then lets work together and demand a Repeal… It does neither of us any good to fight over party affiliation if there is no disagreement and I’m all for repealing the Patriot Act.

                1. Ok good. Finally someone on here that agrees on something.

                  1. No, someone pointed out your bullshit.

    2. There was more evidence for election fraud than man-made global warming, than systemic racism, than the idea that lockdowns help more than hurt, and many more insane notions that Dems accept as fact in order to exert more control.

      But Trump supporters are living in a fantasy.

        1. +100000000000000000000000000000000000

      1. Says the 10 lawsuits that were rejected for lack of evidence? Or do I need to post those again to break your scroller on your mouse?

    3. That would require honesty, integrity and introspection. None of which they possess.

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  10. ” . . . such criminal charges pose a real threat to freedom of speech.”

    Well, after all, the objective of the fascists is to eliminate free speech.

  11. So Brave.

    Is there anything left of libertarians besides a punch line?

  12. Simon & Schuster shunned Hawley because he played a leading role in challenging electoral votes for President-elect Joe Biden, the same cause that motivated the pro-Trump rioters who invaded the Capitol.

    The same “cause” maybe, but hardly the same method. Hawley had the legal right to object to electoral votes he thought there was a problem with. It’s been done before, and it will probably be done again. His objections were voted down, as everyone knew they would be, and that was that. Comparing that to the violent invasion of the Capitol makes no sense.

    1. You think that’s bad, a group of 5 individuals wrote a letter to our state legislature asking for an impeachment of the governor, who’s taken an already poor economy and stomped it in to the dirt, and his response during his (still) daily CV updates is that THESE ARE TERRORISTS, JUST LIKE THE PEOPLE WHO STORMED THE WHITE HOUSE!!!!

      Yes, writing a letter to your legislature according to state law is now terrorism.

      We. Are. Fucked.

  13. They’re just getting started. And remember Democrats have had no actual power over the executive branch for four years. That Russia investigation heat was coming from Trump own appointees. That’s how dirty Trump is. His own people investigated him.

    1. This sort of spinning would leave any but a TDS-addeled lefty ignoramus dizzy.

    2. That’s not what happened. Trump’s appointee (Sessions) recused himself on the matter and then Rod Rosenstein (the DOJ second in command appointed by Trump) just gave Mueller an open-ended scope memo to investigate whatever he wanted to out of the Trump-Russia claims. Both of Trump’s people passed the buck to someone else, while Mueller spent $30 million and two years to come to the conclusion there was no evidence of Trump-Russia collusion. Trump’s own people did not investigate him. They backstabbed him no doubt, but they gave the job to Robert Mueller, a Bush-Obama careerist at the FBI who couldn’t even speak intelligibly on his own report and didn’t even know what Fusion GPS was (the people who brought the Russia-Collusion oppo-research-turned-Obama-era-DOJ-investigative-resource in to the DOJ). The Russia Collusion crap started as oppo research and ended up a big fat zero in terms of actual collusion.

  14. It appears that Sullum’s severe case of TDS has gone into remission (at least for one article).

    1. I will admit that this was odd. Operatives must have killed him and replaced him with a robot. Thats my story and I am sticking to it.

  15. Trump did nothing to incite rioting. There was obvious shenanigans during the elections and there should have been protests! Problem with crowds is they often get out of order and there was involvement of BLM and Antifah.

    1. Ah, yes, rhetoric can’t incite people, but people can incite people. Democratic rhetoric therefore than didn’t incite the George Floyd riots, according to your logic? It must have been Proud Boy plants, right?

      1. “Ah, yes, rhetoric can’t incite people, but people can incite people…”

        Got a cite for your claim, lefty shit?

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  17. What about the precedent we would be setting by letting Trump get away with this? I am amazed at how many people will condition their arguments by saying, “Given the context, it was likely that the president’s words would encourage imminent lawless action by at least some of the protesters.” Trump also knew the context. He is not dumb. He absolutely knows what he was doing. Does context not matter?

    The whole book publishing thing with Hawley is a joke. This is capitalism. In what world would we expect companies and publishers to have to besmirch their brand by associating with idiots? The fact that a Republican is making this argument just speaks to the brazen hypocrisy of the Trump movement. Should publishers give equal access to all groups because of Hawley’s first amendment ignorance? Just amazing how vacuous and stupid their arguments are and how utterly they contradict the traditional Republican brand.

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    2. “What about the precedent we would be setting by letting Trump get away with this?..”

      Getting away with what, specifically?

  18. Jacob, don’t you understand the new rules? The bill of rights only apply to people with Liberal Privilege as determined by the Woke Left Mob. Never mind that the Woke Left Mob is as much guilty of inciting violence as Trump or the Republicans are.

    Comments advocating rounding up non-liberals and re-educating them should strike fear in the hears of anyone that has undergone the repression of authoritarian regimes.

    The Woke Left Mob may not have the ability to be introspective, but their collective actions portend dire limitations of personal freedom.

    There are only 7 more days before Biden is inaugurated as President, however instead of healing the divide the Woke Left Mob is doubling down with a vindictive purge of every one who does not have Liberal Privilege.

    1. “Liberal Privilege”

      Nice. As someone who’s highly privileged due to race, sex and various other factors, I like the term as a rebuttal.

  19. You know, Sullum, you’re exactly the type of righteous phony that Trump has depended on his whole life, who gives him a pass for any of the many cons he’s perpetrated on the public for decades. According to you, impeachment is a bad idea, criminal prosecution is a bad idea, things like sedition are archaic notions…on and on.

    Heck, yeah, he’s encouraged insurrection, he was the guy who lit the match for an assault on DC, and yeah, a counting of votes was denied for hours and 5 lives were lost, but you know, let’s just let him skate away. The guy is a con man…conned his way through 5 bankruptcies, conned his way through a phony university, conned his way through a phony charity, and now tried to con his way back to re-election through phony “steal the election” claims, that ultimately led to an assault on the republic itself by a group of thugs.

    But you’re there, Sullum, to help him on his way to the next one. A “libertarian” at work!

    1. Yeah, dude. Sullum is all about helping Trump.

      It was an unruly sit-in. There was never any scenario where they would have prevented the election being certified. You are so full of shit.

      1. That’s right…it wasn’t going to work. But then, I guess to a moron like you, someone who tried to kill someone but only wounded them isn’t guilty of attempted murder. And to a blithering idiot like you, a sit-in is defined by assault, theft, beatings, and murder.

        Are you a Reason “libertarian?” Yeah, no need to answer.

        Best,
        Jack.

        1. Fuck off and die, lefty shit
          Worst,
          Sevo.

  20. JS – You are a part of the problem!

    A Senior Editor.

    How does CMW allow someone like you with a Proud Boy mentality continue to promote your diluted and harmful rhetoric.

    Obviously, and unfortunately, your base gives you that feeling of control and power.

    Very sad. And now so is Reason.

  21. And if not for Trump’s immigration policy, Reason would be defending–or at the very least–not vilifying him as Public Enemy #1.

  22. As far as I’m concerned, the idea of negating electoral college votes was purely contingent on supply of evidence that ballots had been manufactured & counted by illicit means.

    Just because no evidence has emerged of significant forgery does not mean that voting shall be considered clean, perfect & tamperproof, ever-after.

  23. We are now officially a Banana Republic. Any President can now be removed with no due process. All that is needed is a specious charge and a majority. The Democrats will regret this soon. Biden’s policies are almost sure to raise taxes and destroy the economy. When the Republicans win the House and Senate in the mid-term elections, they can charge Biden with corruption, it will be easy with his son and bothers, vote in one day to remove him, have a trial a few days later and remove him. Then implicate Harris and remove her too. Look for the first opposition Speaker of the House to become President. And the Democrat set the precedent!

  24. Trump should have conceded the election after the electoral college voted on Dec 12 – just as Mitch McConnell did. If he had, it probably would have saved those GA Senate seats as well. There is a reason most past presidential election losers concede long before the formal count in Congress – Presidents are uniquely able to incite supporters to action, and in a country of 300 million, there are always a few hotheads on every side who are hard to restrain under the best of circumstances. There is no point taking a fight to the bitter end when there is no chance that the outcome will be any different. Trump had to know that the Congress was certain to affirm Biden’s win in any case. He did this for show and ego, and it was a bad move on his part.

    And as for impeachment and prosecution – The Senate is less likely to convict Trump than a DC Jury of 12 Democrats. Both could happen, but the latter is more likely.

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