Originally Posted by James Brown
James: I agree with everything you posted. The rioters who have faced the law got what they deserved. There is also a cause and effect between Trump's lies and rhetoric and the riot. That said, I do not think Trump is guilty of insurrection under the law or the 14th Amendment. He is clearly not guilty under the law, since he has not been charged with insurrection. We can debate the applicability of the insurrection clause in the 14th Amendment all day long, since it has not been used in this fashion before. My preference of course is to trust the criminal system to prosecute criminals (including Trump) and to trust the voters to elect the president.
Regarding the second impeachment trial. The Democrats presented lots of social media, video, transcripts, and so on showing Trump's unhinged big lie after the election results came in. Yes, it was a lot more than just the speech, but it all falls into the category of "fiery rhetoric pushing the big lie" just like portions of the speech itself. No evidence I am aware of was presented linking Trump to the planning or execution of the actual assault on the Capital. So, I think several things are true:
1. Without Trump's big lie (his words) no riot would have occurred...
2. Even so, there is no evidence Trump coordinated the riot in advance with any rioter. The rioters are responsible for their own actions! Under criminal law, conspiracy requires an overt act, not just words. buying the gun, making the bomb, some sort of action. For example, Talib is not held accountable in law or under the 14th Amendment when her rhetoric inspires hate crimes against Jews. The perpetrators of those crimes are responsible for their own actions, no matter who may have inspired them. Talib may be held responsible by the voters, if they chose to do so.
3. Because of the disconnect between 1 and 2, Trump has not been charged with seditious conspiracy, insurrection, or treason. Anyone who thinks Jack Smith would not bring those charges if he thought he had a case is simply not paying attention.
4. Because of 1, 2, and 3, I personally think the 14th Amendment is inapplicable. Reasonable people disagree. Hopefully we all agree that implementing the 14th Amendment on an ad-hoc, politically motivated, state-by-state basis is a bad idea.
5. Some of the Proud Boys and the like planned an insurrection and even moved guns into Pennsylvania, if memory serves. (An overt act). They are paying the price for their criminality with extremely long jail terms.
6. Other casual rioters moved into the Capital on an extremely ill advised whim. Hundreds are paying the price with jail terms of various appropriate lengths. The system is working and in November the system can rid of us Trump forever, if the Democrrats don't drop the ball.
"I do not think Trump is guilty of insurrection under the law or the 14th Amendment. He is clearly not guilty under the law, since he has not been charged with insurrection."
Neither was Jefferson Davis or other confederates who did participate in the insurrection and subsequently could not hold office. Additionally, Trump was found to have engaged in insurrection by the judge in Colorado. In other words, they didn't and don't have to be charged under this amendment for insurrection in the same manner as a criminal in other court proceedings.
"Judge Sarah B. Wallace said she found that Trump did in fact "engage in insurrection" on Jan. 6 and rejected his attorneys' arguments that he was simply engaging in free speech.Nov 17, 2023"
https://www.npr.org/2023/11/18/1213961050/colorado-judge-finds-trump-engaged-in-insurrection-but-keeps-him-on-ballot#:~:text=Hourly%20News-,Colorado%20judge%20finds%20Trump%20engaged%20in%20insurrection%2C%20but%20keeps%20him,simply%20engaging%20in%20free%20speech.