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Law selectors, pages, etc.
How do we know Trump engaged in an insurrection? Trump told us.
By Curt_Anderson
January 2, 2024 10:51 am
Category: Law

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In Donald Trump‘s second impeachment trial, Trump‘s lawyers argued that his incitement and engagement in the January 6 insurrection was protected by the First Amendment and his right to free speech.


Cited and related links:

  1. apnews.com

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Comments on "How do we know Trump engaged in an insurrection? Trump told us.":

  1. by HatetheSwamp on January 2, 2024 11:25 am

    "peacefully and patriotically..."

    Them's fightin words, baha ha!

    View Video


  2. by oldedude on January 2, 2024 12:20 pm
    This is one of the things I've been trying to say. It doesn't make any difference legally if he said that in the open. Yes, that was stupid, but we're not going to give him awards on keeping his mouth shut.

    First Amendment may actually be a valid defense. Does he have a right to speak as an American citizen? Yes. The First Amendment says so. Does curt think it went too far? Apparently. po has said that it does many times. Does this matter in the "court of public opinion?" Yeah, sure. Should it matter? Again, he said it, and people heard it.

    We're a nation of laws. At times in our history that's gotten away from us. The court of public opinion got us "western Justice" where people were hung from the nearest tree or hanging those of color. Sometimes the "public" would claim an offense, sometimes it was sport. Sometimes it was a kid by the name of Matthew Shephard.

    Is the "court of public opinion a legal court? Absolutely not. So how do we settle the "court of public opinion?" Public opinion doesn't have predicate acts it must follow. It doesn't have rules of evidence. or search and seizure laws.

    We have a trial and we settle it to the points of the law. Prosecutors must, by law, prove beyond the doubt of a reasonable human being the actions are illegal. In the US, prosecution must, by law, share their information with defense.

    The point to my fight with this is to attempt to cull the mob rule hysteria and bring in logical, sane, and legal process.


  3. by Curt_Anderson on January 2, 2024 2:03 pm
    "First Amendment may actually be a valid defense." ---OD

    That's besides the point (not that I think it's a valid defense). If a bank robber says that he wrote the note which he handed to the teller demanding money, he might try a freedom of speech defense. But he also just admitted that he was engaged in a bank robbery even though he maybe never held a gun, entered the vault or carted off money.

    The same goes for Trump using a First Amendment argument as defense of his inviting and exhorting the January 6th mob with language like "Big protest in D.C. on January 6th. Be there, will be wild!" and "we fight like hell and if you don't fight like hell, you're not going to have a country anymore".

    Sedition is the act of instigating an insurrection by means of the spoken or written word. Some of the Proud Boy and Oath Keeper leaders were convicted of sedition in connection with J6, even though some of them never physically entered the Capitol.

    Many of the now convicted January 6th rioters "credit" Donald Trump for inspiring them to participate in the insurrection. Trump is at least as guilty of sedition as Enrique Tarrio and Steward Rhodes in instigating the ransackers of the Capitol.

    At the very least, seditionists encouraging an insurrection have given aid or comfort to the insurrectionists.


  4. by oldedude on January 2, 2024 3:14 pm
    So get your lawyers, charge him with the crime, get him convicted. That or STFU. That's what the dims should have done last year and couldn't. That's the law. Period.


  5. by Ponderer on January 2, 2024 3:29 pm

    "So get your lawyers, charge him with the crime, get him convicted." -olde dude

    I suppose that Curt could do all that if he wanted to...

    But it's not necessary for him or anyone else to under Section 3 of the 14th Amendment. The mere fact that he engaged in insurrection and rebellion and gave aid and comfort to enemies of our government and the Constitution nullifies any qualification for president that he may have had in the past. Bummer for him. I know.


  6. by HatetheSwamp on January 2, 2024 4:02 pm

    The mere fact that he engaged in insurrection and rebellion and gave aid and comfort to enemies of our government and the Constitution nullifies any qualification for president...

    According to whom, po?


  7. by oldedude on January 2, 2024 7:02 pm
    But it's not necessary for him or anyone else to under Section 3 of the 14th Amendment. The mere fact that he engaged in insurrection and rebellion and gave aid and comfort to enemies of our government and the Constitution nullifies any qualification for president that he may have had in the past. Bummer for him. I know.

    That's a straight-up stupid LIE. And you know it. Your just being a bitch to make you feel good about yourself for once.


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