Title : "Why the DOJ Might Have a Tough Time Proving Trump Committed 'Insurrection'/It would take a very aggressive prosecutor to take the risk involved in pursuing it.
link : "Why the DOJ Might Have a Tough Time Proving Trump Committed 'Insurrection'/It would take a very aggressive prosecutor to take the risk involved in pursuing it.
"Why the DOJ Might Have a Tough Time Proving Trump Committed 'Insurrection'/It would take a very aggressive prosecutor to take the risk involved in pursuing it.
A Slate article by Dennis Aftergut, a former federal prosecutor.
Were [Special Counsel Jack] Smith to charge [insurrection], he would need to overcome Trump’s First Amendment defense under the Supreme Court’s ruling in Brandenburg v. Ohio. There, the court ruled that to be outside free speech protection, the words of a speaker accused of advocating force must be “directed to inciting or producing imminent lawless action and [be] likely to incite or produce such action.”...
Finally, any conviction for insurrection would not be certain to disqualify Trump from office... Bear in mind that in 1969, the Supreme Court ruled that the Constitution’s age, citizenship, and residency requirements for membership are exclusive.... In a case against a former president, it would take a highly aggressive prosecutor to take the risk involved in pursuing this charge when the others are easier to prove and require fewer motions that could lose....
A Slate article by Dennis Aftergut, a former federal prosecutor.
Were [Special Counsel Jack] Smith to charge [insurrection], he would need to overcome Trump’s First Amendment defense under the Supreme Court’s ruling in Brandenburg v. Ohio. There, the court ruled that to be outside free speech protection, the words of a speaker accused of advocating force must be “directed to inciting or producing imminent
Finally, any conviction for insurrection would not be certain to disqualify Trump from office... Bear in mind that in 1969, the Supreme Court ruled that the Constitution’s age, citizenship, and residency requirements for membership are exclusive.... In a case against a former president, it would take a highly aggressive prosecutor to take the risk involved in pursuing this charge when the others are easier to prove and require fewer motions that could lose....
Thus articles "Why the DOJ Might Have a Tough Time Proving Trump Committed 'Insurrection'/It would take a very aggressive prosecutor to take the risk involved in pursuing it.
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