More recently, a federal appeals court cited Brandenburg in striking down provisions of the Anti-Riot Act that made it illegal to "encourage" or "promote" a riot as well as speech "urging" a riot or "mere advocacy of violence."
To recap: A 1968 law pushed by a white supremacist senator with the express purpose of targeting Black activists was only curtailed more than half a century later, after it was applied to white supremacists. huffpost.com/entry/anti-rio…
NEW: The feds have arrested and charged two Virginia police officers who took a selfie in the U.S. Capitol during an attack that killed a Capitol Police officer. huffpost.com/entry/police-o…
Hearing underway now. Thomas Robertson has a federal public defender, Jacob Fracker has his own lawyer.
Feds are not moving for detention, but are going to request conditions of release. They plan on having the cases precede back in the District of Columbia.
.@igorbobic’s stunning image of a Trump insurrectionist in Vice President Mike Pence’s seat in the U.S. Senate makes the court docket. (h/t @joshgerstein)
Josiah Colt, the feds noted, thought he was in the House chamber.
FBI Director Chris Wray kept quiet about Donald Trump’s insane voter fraud conspiracy theories even when former Attorney General William Barr made the jump. As I reported in December: huffpost.com/entry/william-…
A bunch of Republican former federal prosecutors were warning about how dangerous these conspiracy theories were a full two months before the attack! huffpost.com/entry/trump-vo…
James Comey says everyone who entered the U.S. Capitol needs to be charged, and refers to them as terrorists.
Back when Dylann Roof killed nine Black churchgoers in Charleston, Comey was extremely hesitant to call it terrorism because there wasn’t a federal domestic terrorism statute that applied to the crimes. huffpost.com/entry/james-co…
Comey on the attack: “It’s important that every last person who entered that Capitol be found and charged. They need to feel the force of the rule of law, they need to feel the American peoples’ will to make sure that we’re a country that doesn’t accept attacks on our democracy."