The public authority defense doesn’t mean the rioters are off the hook: They can still be arrested, charged and brought to trial.
But depending on the circumstances, a defense like this one can mitigate or even eliminate their culpability or lessen their punishment.
5/
The availability of this defense makes it more likely that the instigators—including Trump—face prosecution.
How would it look to a jury if the people who incited the failed insurrection go free, while the foot soldiers doing their bidding pay the price?
6/
Such an outcome is offensive to the idea of fairness and equal justice for all.
What it may take to stop these liars— and deter others from spreading lies — will be seeing their names dragged into a criminal trial as part of a defense, which shines the spotlight on them.
7/
The Trumps, @tedcruz, @HawleyMO, and @KellyannePolls of the world who have made their careers stirring the mob to a frenzy with lies never cared that their lies have deadly consequences.
I personally believe that the storming of the Capitol will go down in history as the most shocking crime against the nation because it was instigated by the sitting United States President and his propaganda network.
9/
So naturally, members of the propaganda network want to move on.
Naturally, people like @tedcruz, @HawleyMO, and @KellyannePolls want to be able to "condemn" the violence they sparked and then avoid personal responsibility for their destructive lies.
9/
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. . . after the 20th, there are "constitutional issues."
One possible punishment allowed by the Constitution after a finding of guilt in the impeachment trial is that the president can never again hold office.
By Jim Jordan's reasoning, Congress cannot take steps to prevent a president from running again for office if he leads an armed rebellion against the government during his final days in office (before a trial can take place).
It's much harder to fire a president than a person in a regular because the job itself was obtained through Constitutional procedure (a nationwide vote) but it makes no sense for it to be as hard to remove a president as it is to get a criminal conviction.
Voting earlier on impeachment will not make another riot less likely.
The best situation is for Trump to resign. Pelosi wants to give Trump the chance to resign, or Pence the chance to evoke the 25th.
With the supreme arrogance that comes from too much privilege, it seems to have never occurred to @hawleyMO and @tedcruz that all their lying could expose them to criminal liability.
People who follow me know I've been very resistant to using criminal law. I've often argued that punishment doesn't gain the desired results and that political problems can't be solved through the criminal justice system.
For people wondering a vote might be delayed until Monday, one reason is to allow support to build. Give more newspapers and governors a chance to weigh in. Let people process what happened Wednesday.
The event was so shocking, and shocking details are still coming out.