The Confederacy Finally Stormed the Capitol

President Donald Trump should be charged, removed from office and then arrested for inducing his followers to besiege and invade the U.S. Capitol. He delivered a speech to a supporters’ rally just before Congress attempted to confirm his electoral college defeat, Trump told his people Going to the Capitol to “support” members of Congress who are protesting certification. He recited his long list of lies about the elections and incited his people by telling them that Vice President Mike Pence “did not have the courage to do what should have been done to protect our country and our constitution. ” He spoke for almost two hours.

Not long after, his people broke into the Capitol, halted the certification process in the House and Senate, and forced Pence and House Speaker Nancy Pelosi to be moved to a safe location.

For me, that’s enough to charge him with a crime. Trump’s speech failed.Brandenburg test”(Named after the fall in 1969 Brandenburg versus Ohio), which specifies when language becomes a warning to violent acts and loses its protection before the first change. The test asks whether the speech “was directed to inciting or evoking imminent lawless acts” and the speech must “likely incite or evoke such acts”. Speaking in “code” is not a defense. Trump’s statements were designed – and likely would – to instigate instant lawlessness.

There is also a statute: 18 U.S.C. Section 373 makes “incitement to commit a violent crime” a federal offense. The language there reads: “Anyone who encourages, orders, induces or otherwise engages another person to commit a crime that constitutes a criminal offense” will be imprisoned or fined or both.

Authorities would remove and arrest Trump – if he were black. It’s not a guess. This is literally what has already happened to Black Lives Matter activist DeRay McKesson. During a protest following the police murder of Alton Sterling in 2016, Baton Rouge police arrested McKesson and charged him with incitement. He hadn’t said anything violent, but apparently one protester – one – threw a brick that injured a police officer. McKesson was just the most visible organizer of the event, and so he was locked up.

McKesson was eventually released, whereupon he sued the police for false arrests. The department settled down, but then the injured officer sued McKesson – again under an incitement theory. The U.S. Fifth Circuit Court of Appeals allowed the officer’s lawsuit to proceed, and McKesson had to go to the Supreme Court before it was finally dismissed. If a black activist can be arrested and prosecuted to the Supreme Court for throwing a brick at a rally, what should happen to a white president who encourages his people to storm the Capitol?


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