So if the Congress is really going to impeach DJT again, here’s the thing on an “incitement” charge. As I’ve been saying, there is no basis for “incitement” as a matter of criminal law, based on his speech or his conduct overall. It’s not a legitimately indictable case. /1
Like many,(& probably most actually), lawyers, I do not believe impeachment requires that the conduct satisfy the criminal law to be impeachable. That is, just because it’s not a crime doesn’t mean it’s not impeachable. The criminal law is certainly a guide to use, however. /2
So for an impeachment on “incitement,” I suppose you look at the situation a bit more broadly than the criminal law does & say DJT created the environment that led to the storming. I personally think there are too many contributing factors to hold him responsible that way. /3
I think the criminal law incitement analysis already cuts the right balance of free speech, personal responsibility, foreseeability, imminence, etc. Unlike some other impeachment grounds, I’d come out the same way as the criminal law does on incitement; these facts aren’t it./4
So if I were in Congress I wouldn’t support an impeachment on “incitement” because I don’t see any incitement. But impeachment is a quasi-legal, quasi-political decision, so some members of Congress may go that way. /5

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More from @McAdooGordon

12 Jan

One of the values we need to return to is self-reliance.

You can build self-reliance by first doing it in small ways. Once you start doing it, you realize other ways you can do it & you feel more comfortable & confident in it & you can build more of it into your life. /1
Being self-reliant makes you freer. It gives you options & flexibility when things outside your control go wrong. You’re also less dependent on others & their potential failure, betrayals, mistakes, etc. I’m not recommending isolationism, of course. Just more self-reliance. /2
It becomes a mindset & if you make sure you don’t go overboard either, it’s healthy. Some examples to start with:

1. Spend less; save more & give more to charity.
2. Eat & drink less; walk or play or exercise more.
3. Watch less tv; read more.
4. Be online less; sleep more.

Read 10 tweets
7 Jan

First, we have to continue to believe in the Union & our republican form of govt. Belief is vitally important.

“One person with a belief is a social power equal to ninety-nine who have only interests.”

John Stuart Mill

BELIEVE in the Constitution & republican govt.
To get perspective on yesterday’s events, I suggest today’s podcasts from @dbongino & @CamEdwards. Both are sober but not defeatist assessments & like me condemn all political violence. Dan is longer; Cam shorter. If you can’t listen today, just fit them in this week. Links👇🏻/2
Read 18 tweets
20 Dec 20
I know people are angry & upset. I am also. We face an existential crisis in our governance, our institutions & our values. And, it is made worse because our opponents are in denial about this or they know it & are for it. We must face this moment with courage & conviction./1
One thing we must do to conquer this challenge is renew our own commitments to our republican form of government, to our institutions & to our American values. Do not lose hope; do not lose faith in what we believe in; do not lose courage in the face of these adversities. /2
But we also need to be doing some things differently & be doing some new things. Each generation of Americans has had to adapt our great experiment to its times. We can as well. Our values & our institutions are true & good. They will endure if we defend them. /3
Read 27 tweets
20 Dec 20
@Heretictus @AncientRedwood @Digitalis_Man You sue, you demand investigations, you vote them out, you demand the legislature investigate & write new laws, you run for office, you publicize the issues with press conferences, meetings, & papers, you call & email & write your representatives, you have rallies, . . .
@Heretictus @AncientRedwood @Digitalis_Man . . . you build coalitions, you create programs to teach people about the issue, you keep pushing your point. Do you think it was any less existential that women couldn’t vote, for example? /2
@Heretictus @AncientRedwood @Digitalis_Man Resorting to using the military to resolve legal issues & particularly those involving elections is to abandon the constitution altogether. There is no basis for doing that now. /3
Read 7 tweets
9 Dec 20
Flynn case. J.Sullivan’s memorandum opinion on the Rule 48 motion to dismiss is completely inappropriate & he knows it. That motion was mooted by the pardon. In order to try & hide that fact, he coupled his order on that motion w/his order on the motion to dismiss for mootness.
He’s making it superficially look like the opinion relates to the mootness (pardon) motion, but it does not. It’s an opinion on the Rule 48 motion, not the mootness (pardon) motion. By putting those two motions together in one order, he obscures that distinction.
This is even clearer when compared to the other minute order he issued at the same time, which ruled that all the other pending motions were moot. The order on the Rule 48 motion should have been grouped with those too. It’s moot just like they are because of the pardon.
Read 7 tweets
2 Dec 20
Not voting absents you from the democratic process.

No matter how flawed, how damaged, how frustrating, CLING to the democratic process & your sacred right to vote.

Never surrender them. Hold on to them as if your life & the fate of republic depend on them - because they do.🇺🇸
These men fought & died, so we could vote. Never surrender the vote. /1
These men fought & died so we could vote. Never surrender the vote. /2
Read 5 tweets

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