Wednesday, February 3, 2021

Trump's speech is probably defensible in every court — except, perhaps, the Senate

 https://www.nbcnews.com/politics/donald-trump/trump-s-speech-probably-defensible-every-court-except-perhaps-senate-n1254258

Even if there is proof that Trump "intended" to cause violence with his speech, and even if there is proof that the violence he intended to cause was the storming of the Capitol, there could be an issue of whether the violence was "imminent" enough to be criminal.

Some will conclude that words like "fight" and "strength" gave the crowd the detailed instructions to violently enter the Capitol. The Senate can still convict even if reasonable minds can differ over those factual conclusions. A criminal jury must be unanimous.

A criminal jury is bound by the reasonable doubt standard. The Senate is not. It is bound by the two-thirds supermajority vote standard — and not much else.

3 comments :

  1. And that doesn't bother you? That he'll be convicted and condemned on ideological grounds, not actual legal ones? That he won't be entitled to the same presumptions as a regular criminal enjoys?

    ReplyDelete
  2. You obviously don't understand impeachment

    Lookup Lindsey Graham's words regarding impeaching Clinton

    ReplyDelete
  3. see
    https://www.youtube.com/watch?v=iCvhPTw3QoA

    ReplyDelete

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