A capitol insurrection may end up being a career move
When the Weather Underground bombed the Capitol building in 1971, most of those idiots went on to be professors
Posted on 01/11/2021 2:46:59 PM PST by Kaslin
I didn’t really want to write this article since I’ll probably be banned faster from big tech than expected, but as a lawyer whose favorite area of law is constitutional law, I see it as my duty. The left is trying to get rid of President Trump before the end of his term, saying he incited an insurrection in the speech he gave near the White House on January 6. House Democrats have drafted Articles of Impeachment with over 150 sponsors. House Speaker Nancy Pelosi compared Trump’s actions to those of President Nixon’s in Watergate. Dozens of Democrats and some Republicans are also calling on Vice President Mike Pence and the cabinet to remove Trump through the 25th Amendment, saying he is no longer fit for office.
The Articles of Impeachment say Trump shall be removed for treason, bribery or other high crimes and misdemeanors under the Fourteenth Amendment, which prohibits the president (as well as the vice president, Congress and state legislators) from engaging in insurrection against the Constitution.
They use a lot of vague, lofty language but are short on specifics. They say he “gravely endangered the security of the United States government.” They claim he “threatened the integrity of the democratic system, interfered with the peaceful transfer of power, and imperiled a coordinate branch of government.” What do they cite as his dangerous words? Saying he won the election by a landslide. He encouraged “imminent lawless action” which “interfered with the peaceful transition of power.” They assert that he will “remain a threat to national security, democracy and the Constitution if allowed to remain in office.”
Does this meet the definition of incitement under the criminal code? In the past, Congress has looked to the criminal code in order to weigh impeachment offenses. The Supreme Court case Clarence Brandenburg v. Ohio established the legal standard for violent speech, which is speech that is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
So let’s look at what Trump actually said. "I know that everyone here will soon be marching over to the Capitol Building to peacefully and patriotically make your voices heard." This is the opposite of inciting violence. This is speech protected under the First Amendment. In fact, it is the heart of free speech, the right to march in political protest.
As for remaining a threat if he stays in office and thwarting the peaceful transition of power, the Democrats failed to mention in their Articles that after the violence started, Trump tweeted twice denouncing the violence, then followed up with a video denouncing it again. He conceded the election, saying his “focus now turns to ensuring a smooth, orderly and seamless transition of power.”
Allan Favish, writing for The American Thinker, observed that the break-in occurred before Trump’s speech ended, and most people at the Capitol building could not hear Trump’s speech near the White House, nor did they appear to be watching it on their phones. Plenty of videos circulated later showing Capitol police letting the protesters in peacefully and even pointing out where they should go once they were inside the building.
Constitutional law professor Jonathan Turley, a longtime Democrat who is considered fair, observed, “While I was highly critical of the President's remarks, he never actually called for violence or a riot. Indeed, he expressly told his followers ‘to peacefully and patriotically make your voices heard.’ He said, ‘Let us walk down Pennsylvania Avenue.’ Such marches are common in both federal and state capitols.” Turley noted that under the Democrats’ standard, “any president could be removed for rhetoric that is seen to have the ‘natural tendency’ to encourage others to act in a riotous fashion.” He warned that to impeach him over this would create a dangerous precedent for free speech.
Laurie Levenson, a professor of law at UCLA and a former assistant U.S. attorney in Los Angeles, is also skeptical that Trump’s statements are prosecutable. Renato Marriotti, a former federal prosecutor and legal affairs columnist for Politico, said “Mere encouraging words would not be enough.”
The Democrats’ accusations are stunning considering their leaders’ encouragement of violent Antifa and BLM rioters this past summer. Vice President-elect Kamala Harris encouraged her millions of Twitter followers to donate to a fundraiser that paid bail for accused rioters. Biden staffers did too and nothing happened to them. Antifa wants to overthrow the Constitution. BLM is a Marxist movement. Additionally, in 2018, Biden said about Trump, “If we were in high school, I’d take him behind the gym and beat the hell out of him.”
And how many currently elected members of Congress and state legislators — who could also be impeached for inciting insurrection — have said far worse than Trump? In 2018, Pelosi complained about the separation of illegal immigrant family members at the southern border, “I just don’t even know why there aren’t uprisings all over the country. And maybe there will be when people realize that this is a policy that they defend.” Last September, she referred to Trump and Republican members of Congress as “domestic enemies” and “enemies of the state.”
Does this meet the definition of incitement under the criminal code? In the past, Congress has looked to the criminal code in order to weigh impeachment offenses. The Supreme Court case Clarence Brandenburg v. Ohio established the legal standard for violent speech, which is speech that is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”
So let’s look at what Trump actually said. "I know that everyone here will soon be marching over to the Capitol Building to peacefully and patriotically make your voices heard." This is the opposite of inciting violence. This is speech protected under the First Amendment. In fact, it is the heart of free speech, the right to march in political protest.
As for remaining a threat if he stays in office and thwarting the peaceful transition of power, the Democrats failed to mention in their Articles that after the violence started, Trump tweeted twice denouncing the violence, then followed up with a video denouncing it again. He conceded the election, saying his “focus now turns to ensuring a smooth, orderly and seamless transition of power.”
Allan Favish, writing for The American Thinker, observed that the break-in occurred before Trump’s speech ended, and most people at the Capitol building could not hear Trump’s speech near the White House, nor did they appear to be watching it on their phones. Plenty of videos circulated later showing Capitol police letting the protesters in peacefully and even pointing out where they should go once they were inside the building.
Constitutional law professor Jonathan Turley, a longtime Democrat who is considered fair, observed, “While I was highly critical of the President's remarks, he never actually called for violence or a riot. Indeed, he expressly told his followers ‘to peacefully and patriotically make your voices heard.’ He said, ‘Let us walk down Pennsylvania Avenue.’ Such marches are common in both federal and state capitols.” Turley noted that under the Democrats’ standard, “any president could be removed for rhetoric that is seen to have the ‘natural tendency’ to encourage others to act in a riotous fashion.” He warned that to impeach him over this would create a dangerous precedent for free speech.
Laurie Levenson, a professor of law at UCLA and a former assistant U.S. attorney in Los Angeles, is also skeptical that Trump’s statements are prosecutable. Renato Marriotti, a former federal prosecutor and legal affairs columnist for Politico, said “Mere encouraging words would not be enough.”
The Democrats’ accusations are stunning considering their leaders’ encouragement of violent Antifa and BLM rioters this past summer. Vice President-elect Kamala Harris encouraged her millions of Twitter followers to donate to a fundraiser that paid bail for accused rioters. Biden staffers did too and nothing happened to them. Antifa wants to overthrow the Constitution. BLM is a Marxist movement. Additionally, in 2018, Biden said about Trump, “If we were in high school, I’d take him behind the gym and beat the hell out of him.”
And how many currently elected members of Congress and state legislators — who could also be impeached for inciting insurrection — have said far worse than Trump? In 2018, Pelosi complained about the separation of illegal immigrant family members at the southern border, “I just don’t even know why there aren’t uprisings all over the country. And maybe there will be when people realize that this is a policy that they defend.” Last September, she referred to Trump and Republican members of Congress as “domestic enemies” and “enemies of the state.”
Not yet.
No he did not.
significantly less so than obama’s anti-police rhetoric which led to the assassinations of 10 police officers on three different occasions from 2014 to 2016.
No.
I think if he did that we would know by now..
Isn’t that what the author wrote?
My exwife started an insurrection with me. She could start one with anybody.
No he didn’t.
A capitol insurrection may end up being a career move
When the Weather Underground bombed the Capitol building in 1971, most of those idiots went on to be professors
If he did, he didn’t do a very good job of it.
Unlike Trump to not do things well.
No, not Trump. It was antifa and BLM, all last summer who incited the violence. And, I’m sure they were part of it last Wednesday.
No, but even if he did, which I think is false, I wouldn’t mind. We need something to take back America. The Left uses Antifa, BLM, lies, cheating, and theft to get their way against We The People. Time we took it to them. If another civil war, so be it.
May we never allow our constitutionally protected freedoms stolen from us without a fight to the death if needed.
No. Next question.
Donald Trump Speech “Save America” Rally Transcript January 6
https://www.rev.com/blog/transcripts/donald-trump-speech-save-america-rally-transcript-january-6
Excerpts…
We’re supposed to protect our country, support our country, support our constitution, and protect our constitution. States want to revote. The States got defrauded. They were given false information. They voted on it. Now they want to recertify. They want it back. All Vice-President Pence has to do is send it back to the States to recertify, and we become president, and you are the happiest people.
…
They’ll knock out Lincoln too, by the way. They’ve been taking his statue down, but then we signed a little law. You hurt our monuments, you hurt our heroes, you go to jail for 10 years and everything stopped. Did you notice that? It stopped. It all stopped.
…
Our media is not free. It’s not fair. It suppresses thought. It suppresses speech, and it’s become the enemy of the people. It’s become the enemy of the people. It’s the biggest problem we have in this country.
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We’re going walk down to the Capitol, and we’re going to cheer on our brave senators, and congressmen and women.
…
We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated. I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard. Today we will see whether Republicans stand strong for integrity of our elections, but whether or not they stand strong for our country, our country. Our country has been under siege for a long time, far longer than this four-year period.
…
Trump on the media:
Now what they do is they go silent. It’s called suppression. And that’s what happens in a communist country. That’s what they do. They suppress. You don’t fight with them anymore, unless it’s a bad. They have a little bad story about me, they’ll make it 10 times worse and it’s a major headline. But Hunter Biden, they don’t talk about him. What happened to Hunter? Where’s Hunter? Where is Hunter? They don’t talk about him.
…
And how come Hunter gets three and a half million dollars from the Mayor of Moscow’s wife, and gets hundreds of thousands of dollars to sit on an energy board even though he admits he has no knowledge of energy, and millions of dollars up front, and how come they go into China and they leave with billions of dollars to manage? “Have you managed money before?” “No, I haven’t.” “Oh, that’s good. Here’s about 3 billion.”
…
In every single swing state, local officials, state officials, almost all Democrats made illegal and unconstitutional changes to election procedures without the mandated approvals by the state legislatures…
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So just in a nutshell, you can’t make a change on voting for a federal election unless the state legislature approves it. No judge can do it. Nobody can do it, only a legislature.
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And they go and make the changes themselves. They do it anyway. And that’s totally illegal.
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In Pennsylvania, the Democrat Secretary of State and the Democrat State Supreme Court justices illegally abolished the signature verification requirements just 11 days prior to the election.
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There were over 205,000 more ballots counted in Pennsylvania. Now think of this. You had 205,000 more ballots than you had voters.
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Over 8000 ballots in Pennsylvania were cast by people whose names and dates of birth match individuals who died in 2020 and prior to the election. Think of that. Dead people! Lots of dead people, thousands. And some dead people actually requested an application. That bothers me even more. Not only are they voting, they want an application to vote. One of them was 29 years ago died. It’s incredible.
Over 14,000 ballots were cast by out-of-state voters.
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More than 10,000 votes in Pennsylvania were illegally counted, even though they were received after Election Day.
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And more than 60,000 ballots in Pennsylvania were reported received back. They got back before they were ever supposedly mailed out. In other words, you got the ballot back before you mailed it!
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Twenty-five thousand ballots in Pennsylvania were requested by nursing home residents, all in a single giant batch, not legal.
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The day before the election, the State of Pennsylvania reported the number of absentee ballots that had been sent out. Yet this number was suddenly and drastically increased by 400,000 people.
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Just that one element. 400,000 ballots appeared from nowhere, right after the election.
…
By the way, Pennsylvania has now seen all of this. They didn’t know because it was so quick. They had a vote, they voted, but now they see all this stuff. It’s all come to light. Doesn’t happen that fast. And they want to recertify their votes. They want to recertify. But the only way that can happen is if Mike Pence agrees to send it back.
…
over 170,000 absentee votes were counted in Wisconsin without a valid absentee ballot application. So they had a vote, but they had no application. And that’s illegal in Wisconsin. Meaning those votes were blatantly done in opposition to state law. And they came 100% from Democrat areas, such as Milwaukee and Madison, 100%.
In Madison, 17,000 votes were deposited in so-called human drop boxes. You know what that is, right? Where operatives stuff thousands of unsecured ballots into duffel bags on park benches across the city in complete defiance of cease and desist letters from state legislature. The state legislature said, “Don’t do it.” They’re the only ones that could approve it. They gave tens of thousands of votes.
…
…postal service workers in Wisconsin were also instructed to illegally backdate approximately 100,000 ballots.
…
In Georgia, your secretary of state, I can’t believe this guy’s a Republican. He loves recording telephone conversations. I thought it was a great conversation personally, so did a lot of other … people love that conversation, because it says what’s going on. These people are crooked. They’re 100% in my opinion, one of the most corrupt.
…
… we’ve been trying to get verifications of signatures in Fulton County. They won’t let us do it.
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… Georgia’s absentee ballot rejection rate was more than 10 times lower than previous levels, because the criteria was so off, 48 counties in Georgia with thousands and thousands of votes rejected zero ballots.
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If Georgia had merely rejected the same number of unlawful ballots, as in other years, there should have been approximately 45,000 ballots rejected, far more than what we needed to win, just over 11,000.
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In Fulton County, republican poll Watchers were rejected in some cases, physically from the room under the false pretense of a pipe burst.
Water main burst, everybody leave. Which we now know was a total lie. Then election officials pull boxes, Democrats and suitcases of ballots out from under a table. You all saw it on television, totally fraudulent. And illegally scanned them for nearly two hours totally unsupervised. Tens of thousands of votes, as that coincided with a mysterious vote dump of up to 100,000 votes for Joe Biden, almost none for Trump. Oh, that sounds fair. That was at 1:34 AM.
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They’ve rejected five separate appeals for an independent and comprehensive audit of signatures in Fulton County.
…
Over 10,300 ballots in Georgia were cast by individuals whose names and dates of birth match Georgia residents who died in 2020 and prior to the election.
More than 2,500 ballots were cast by individuals whose names and dates of birth match incarcerated felons in Georgia prison. People who are not allowed to vote.
More than 4,500 illegal ballots were cast by individuals who do not appear on the state’s own voter rolls.
Over 18,000 illegal ballots were cast by individuals who registered to vote using an address listed as vacant, according to the postal service.
At least 88,000 ballots in Georgia were cast by people whose registrations were illegally backdated.
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66,000 votes in Georgia were cast by individuals under the legal voting age.
And at least 15,000 ballots were cast by individuals who moved out of the state prior to November 3rd election.
…
In the State of Arizona, over 36,000 ballots were illegally cast by non-citizens.
2000 ballots were returned with no address.
More than 22,000 ballots were returned before they were ever supposedly mailed out. They returned, but we haven’t mailed them yet.
11,600 more ballots and votes were counted more than there were actual voters. You see that? So you have more votes again than you have voters.
150,000 people registered in Maya Copa County after the registration deadline.
103,000 ballots in the county were sent for electronic adjudication with no Republican observers.
In Clark County, Nevada, the accuracy settings on signature verification machines were purposely lowered before they were used to count over 130,000 ballots. If you signed your name as Santa Claus, it would go through.
There were also more than 42,000 double votes in Nevada.
Over 150, 000 people were hurt so badly by what took place.
And 1500 ballots were cast by individuals whose names and dates of birth match Nevada residents who died in 2020, prior to November 3rd election.
More than 8,000 votes were cast by individuals who had no address and probably didn’t live there.
…
In Michigan quickly, the secretary of state, a real great one, flooded the state with unsolicited mail-in ballot applications, sent to every person on the rolls, in direct violation of state law.
More than 17,000 Michigan ballots were cast by individuals whose names and dates of birth matched people who were deceased.
In Wayne County, that’s a great one. That’s Detroit. 174,000 ballots were counted without being tied to an actual registered voter. Nobody knows where they came from.
Also in Wayne County, poll watches observed canvassers re-scanning batches of ballots over and over again, up to three or four or five times.
In Detroit, turnout was 139% of registered voters. Think of that. So you had 139% of the people in Detroit voting. This is in Michigan, Detroit, Michigan.
A career employee of the Detroit, City of Detroit, testified under penalty of perjury that she witnessed city workers coaching voters to vote straight Democrat, while accompanying them to watch who they voted for.
When a Republican came in, they wouldn’t talk to him.
The same worker was instructed not to ask for any voter ID and not to attempt to validate any signatures if they were Democrats. She also told to illegally, and was told backdate ballots received after the deadline and reports that thousands and thousands of ballots were improperly backdated.
That’s Michigan. Four witnesses have testified under penalty of perjury that after officials in Detroit announced the last votes had been counted, tens of thousands of additional ballots arrived without required envelopes. Every single one was for a Democrat. I got no votes.
…
In addition, there is the highly troubling matter of Dominion voting systems. In one Michigan County alone, 6,000 votes were switched from Trump to Biden and the same systems are used in the majority of states in our country.
Senator William Ligon, a great gentleman, chairman of Georgia Senate Judiciary Subcommittee, Senator Ligon, highly respected on elections has written a letter describing his concerns with Dominion in Georgia.
He wrote, and I quote, “The Dominion voting machines employed in Fulton County had an astronomical and astounding 93.67% error rate.” It’s only wrong 93% of the time. “In the scanning of ballots requiring a review panel to adjudicate or determine the voter’s interest, in over 106,000 ballots out of a total of 113,000.” Think of it, you go in and you vote and then they tell people who you’re supposed to be voting for. They make up whatever they want. Nobody’s ever even heard. They adjudicate your vote.
They say, “Well, we don’t think Trump wants to vote for Trump. We think he wants to vote for Biden. Put it down for Biden.” The national average for such an error rate is far less than 1% and yet you’re at 93%. ” The source of this astronomical error rate must be identified to determine if these machines were set up or destroyed to allow for a third party to disregard the actual ballot cast by the registered voter.”
The letter continues, “There is clear evidence that tens of thousands of votes were switched from President Trump to former Vice President Biden in several counties in Georgia.
For example, in Bibb County, President Trump was reported to have 29, 391 votes at 9:11 PM Eastern time. While simultaneously Vice President Joe Biden was reported to have 17,213. Minutes later, just minutes, at the next update, these vote numbers switched with President Trump going way down to 17,000 and Biden going way up to 29,391.” And that was very quick, a 12,000 vote switch, all in Mr. Biden’s favor.
…
So we’re going to, we’re going to walk down Pennsylvania Avenue, I love Pennsylvania Avenue, and we’re going to the Capitol and we’re going to try and give… The Democrats are hopeless. They’re never voting for anything, not even one vote. But we’re going to try and give our Republicans, the weak ones, because the strong ones don’t need any of our help, we’re going to try and give them the kind of pride and boldness that they need to take back our country.
So let’s walk down Pennsylvania Avenue. I want to thank you all. God bless you and God bless America. Thank you all for being here, this is incredible. Thank you very much. Thank you.
Had Trump actually said something that incited violence or a rebellion, the video clip would have been played 10 times an hour on each MSM outlet beginning on 1/6 and continuing until he was hung.
If anybody is inciting an insurrection, it is Nazi Pelosi and her band of Rats.
If the President wanted his supporters to occupy the Capitol building there would have been 200,000 lined up to take the tour. Those who led the charge were at the Capitol steps before the President finished his speech and likely never listened to any of it given the distance.
NEVER accept the premise of a question like this. It is always a trap and the left always has their preconceived answer. This narrative traveled so fast that it totally cut our knees out. If we keep playing nice,we will be ultimately destroyed.
Pelosi and McConnell are responsible for this.
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