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Jill Wine-Banks Profile picture
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18 Jan, 3 tweets, 1 min read
1/A guest on @AliciaMenendez #MSNBC argued that Brandenburg case would let Trump avoid sedition charge bec he didn't say "Hang Pence, Break In." I disagree &, as a prosecutor, am sure a jury would convict and SCOTUS would uphold the conviction bec Trump's words on Jan 6 and
2/his incendiary lies about election fraud for months before caused the violence & a reasonable person wld know that those words wld lead to imminent danger of violence. The statute in Brandenburg was defective because it punished speech without any likelihood of imminent danger.
3/Here, the law punishes causing violence and sedition, not pure speech and 1st A excepts such speech from its protection. This is not legalistic sophistry. It is essential to protect speech but not a call to violence that is reasonably foreseeable. Trump knew his audience.

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More from @JillWineBanks

Jill Wine-Banks Profile picture
15 Jan
Thread:
1/ Listening to @TheBeatWithAri and @Comey is saying no federal indictment of Trump because it would give him a platform. That is nonsense. Trump has a platform whatever DOJ does and whatever happens in any state civil or criminal case.
2/ Comey also says it's OK for states to indict him which gives Trump that platform in addition to social media and Fox.

Comey also says trial would give him platform for months and months. Nonsense. Federal sedition trial against him could be over in a week. One count, videos.
3/ Watergate trial against many defendants with Pres as co-conspirator and multiple charges took from Oct 1 to Jan 1. One sedition count against one defendant should be much simpler. Others guilty can be tried separately while he sits in jail.
Read 6 tweets
Jill Wine-Banks Profile picture
25 Sep 20
1/Are you sleepless? Anxious? Are you overwhelmed by the avalanche of awful things 45 has said in recent weeks? Do you wonder why we are even discussing what we must do to assure "free and fair elections" and a "peaceful transition of power" if 45 loses? If so, follow me here.
2/I am outraged and speaking out and starting a list of the statements of Trump, Barr, McConnell and Graham that threaten democracy and the will of citizens. The list of past offenses is too long for a tweet, but I'll start a daily list starting now and include a few recent ones.
3/First, the one I find most awful: Trump's attack on voting, including his exhortation to "get rid of the ballots" so there won't be a transition, just a continuation of the Trump presidency. This was part of his refusal to promise a peaceful transition of power if he loses.
Read 6 tweets
Jill Wine-Banks Profile picture
28 Jul 20
I’ll be watching Barr testify and I’ll try to keep you informed in case you can’t watch. Based on his audition memo, past performances before Congress, Flynn and Stone actions, and his prepared remarks for today, I don’t expect honesty.
He labels what I call protestors “rioters and anarchists.”He still says he is trying to “get to the bottom of the grave abuses involved in the bogus ‘Russiagate’ scandal.” And he claims he is ensuring “that there is one standard of justice that applies to everyone equally” while
dismissing case against Flynn who pleaded guilty and reducing Stone sentence and then letting 45 commute it and free Stone. He claims he is exercising independent judgment even though everything he has done follows what Trump wants.
Read 8 tweets
Jill Wine-Banks Profile picture
18 Jun 20
What to rename the Army bases that honor Confederate soldiers washingtonpost.com/opinions/2020/…

I have two additional suggestions for renaming Army bases. Both are incredible women.
(1) Major General Mary Clark, the last Director of WACs before it was abolished to allow integration of women in the Regular Army. That allowed women to hold positions reserved for RA officers. I was GC of the Army at that time and proud of this accomplishment.
Gen. Clark was the first woman to achieve rank of Major General when she moved from WACs to be first woman to command a major installation, Fort McClellan.
Read 4 tweets
Jill Wine-Banks Profile picture
27 Mar 20
1/Just heard @JoyceWhiteVance telling @AliVelshi why she signed the letter urging release of inmates to save them from coronavirus threat in crowded prison/jail facilities. She made a compelling case, but I want you to know why I did not sign the letter.
2/My main reason is the lack of a detailed plan for the release & my belief that the Trump administration cannot or will not implement it fairly. For example, the letter calls for release of those who do not present a threat to society & are older, w preexisting conditions, or...
3/who have a short sentence remaining, but I fear Trump will use it to release Manafort, Madoff, Stone and any other of his friends, not those in for minor drug possession or who are 60 and in for offenses when they were barely adults. Trump has not shown why we should trust him.
Read 6 tweets
Jill Wine-Banks Profile picture
31 Jan 20
1/ Yesterday's and today's behavior by the president's defense team made me think of the Army-McCarthy hearings and the despicable behavior of Senator McCarthy and his chief counsel Roy Cohn (mentor to 45).
2/ Harvard law dean Ervin Griswold described McCarthy's role as "judge, jury, prosecutor, castigator, and press agent, all in one." Sound like the power the GOP wants to give to the current president?
3/ But the most dramatic comparison w today was a dialogue between Sen. McCarthy and Joe Welch,the lawyer representing the Army after McCarthy accused the Army of lax security. McCarthy diverted to charge that a young lawyer on Welch's staff had ties to a Communist organization.
Read 6 tweets

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