Thread by @TimInHonolulu

1. Did Trump's, there will be a bloodbath if he loses, statement violate his terms of release? Was that a crime of violence? Ordinarily such a statement would not be actionable because there is no imminent threat, but when a person is released pending charges for actions

2. that led to an insurrection, does that meet the Brandenburg v. Ohio imminent threat of lawless action test? Does it even apply in a case where the defendant is on pre-trial release?

The imminent lawless action test was addressed in

3. Stewart v. McCoy (2002) with an individual who had been accused of advising gang members on how to organize. Justice John Paul Stevens, addressing SCOTUS' denial of certiorari wrote: “Long range planning of criminal enterprises — which may include

4. oral advice, training exercises, and perhaps the preparation of written materials — involves speech that should not be glibly characterized as mere ‘advocacy’ and certainly may create significant public danger.”

5. He observed, however, that the Court had not yet decided on the scope of “such instructional speech.” Credit Prof John Vile." @MTSUHonors

In this case we are dealing with a defendant on pre-trial release for serious charges related to an attempt

6. to overthrow a national election that led an insurrection. Does that change the analysis that at least would lower the standard to preponderance and not beyond reasonable doubt for any factual determination?

7. Should judge Chutkan order Donald Trump to DC to face the possible loss of pre-trial release or should the drum beats of a coming civil war simply be ignored? @tribelaw @ACLU