The Authority Figure Defense

My latest for the Washington Post with @reichellaw

washingtonpost.com/outlook/2021/0…

The Public Authority Defense will make it harder for the Trumps, Giuliani, and pals to squirm out of facing consequences.

1/
Here’s how the defense works. If the chief of police tells you that you could ignore “no parking” sign, you could evoke the Public Authority Defense.

You could point your finger at the authority figure who invited you to commit the illegal act.
washingtonpost.com/outlook/2021/0…

2/
The spotlight then turns to the authority figure: Did the chief of police have the authority to waive the parking restriction?

If not, was it reasonable for you to believe that he did?

See where this is going?
washingtonpost.com/outlook/2021/0…

3/
Each day, more evidence emerges that Trump and other elected officials instigated this riot.

Every day, more evidence emerges that the lies told by people like @tedcruz, @HawleyMO, and @KellyannePolls led to the violence.
washingtonpost.com/outlook/2021/0…

4/
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.

Maybe this will make them care.
washingtonpost.com/outlook/2021/0…

8/
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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More from @Teri_Kanefield

12 Jan
(Thread) Over the Cliff Notes: Impeachment #2

Let’s start with the Article of Impeachment itself: whdh.com/wp-content/upl…

The charge: Incitement of Insurrection.

Spoiler: This is a slam-dunk in the impeach-and-convict department, and will create a moment of truth for the GOP.
1/ The basics:

🔹Impeachment requires a majority vote in the House. 

🔹Impeachment is followed by a Senate Trial.

🔹Conviction requires 2/3 of the Senate.

After conviction, preventing Trump from holding office again requires a simple majority vote.
2/ This is not a criminal trial.

The Constitution specifically says that a criminal trial may be appropriate AFTER impeachment and removal.

Defendants in a criminal trial have special protections because they stand to lose their liberty, property, or even their life. Image
Read 15 tweets
10 Jan
A few things to notice here.

The best Trump can get right now for a spokesperson offering his talking points is Jim Jordan.

One of the faulty talking points is that "impeachment is for a sitting president," so, if the trial can't take place until. . .

1/
. . . 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.

2/

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).

Wrong. 🛎️🛎️🛎️ (and silly)

3/
Read 6 tweets
8 Jan
This is not a criminal trial, so the standard of proof for a criminal trial does not apply.

Proof beyond a reasonable doubt comes into play in a criminal trial because a defendant can lose liberty, property, or even life.

This is about losing a job.
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.

Waiting has another advantage as well. . .

Read 12 tweets
8 Jan
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.

But Wednesday crossed a line.
Read 7 tweets
8 Jan
Agreeing with @Peggynoonannyc was not on my 2021 Bingo Card.

Peggy Noonan calls Josh Hawley and Ted Cruz "the devil's apprentices" and demands the removal of Donald Trump.
wsj.com/articles/bring…
Here's why an editorial like this matters: The only way to actually remove a president is to build a groundswell of support.

The Constitution makes it hard on the theory that it shouldn't happen without broad support.
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.
Read 5 tweets
7 Jan
It’s happening.

It looks like he won’t finish his term.
Why do I feel confident right now, even though I am fully aware of the barriers to removal?

There is pressure coming right now from all sides, including Republican governors.

States are worried about violence in their government buildings.

Nancy Pelosi doesn't bluff.
I suspect some of what is happening behind the scenes is enormous pressure on Trump to resign.

I know, I know. I've been a loud voice in the "he'll never resign" camp.

A lot changed since yesterday, including Trump willing to endanger Pence's life.
Read 5 tweets

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