In these and many similar actions and decisions, President Donald J. Trump has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President Donald J. Trump, by such conduct, is guilty of an impeachable offense warranting removal from office.
III. Incitement of Violence Within the United States
In his conduct while President of the United States, and while campaigning for election to that office, Donald J. Trump, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 1 of the Constitution "to take care that the laws be faithfully executed," has illegally incited violence within the United States.
The U.S. Supreme Court ruled in Brandenberg v. Ohio in 1969 that "advocacy directed to inciting or producing imminent lawless action . . . likely to incite or produce such action" is not protected by the First Amendment.
An incomplete sampling of public statements by candidate Donald J. Trump:
"If you see somebody getting ready to throw a tomato, knock the crap out of them. I promise you, I will pay for the legal fees."
"Maybe he should have been roughed up, because it was absolutely disgusting what he was doing."
"See, in the good old days this doesn't happen, because they used to treat them very, very rough. And when they protested once, you know, they would not do it again so easily."
"You know what I hate? There's a guy, totally disruptive, throwing punches, we're not allowed to punch back anymore. I love the old days--you know what they used to do to guys like that when they were in a place like this? They'd be carried out on a stretcher, folks."
"See the first group, I was nice. Oh, take your time. The second group, I was pretty nice. The third group, I'll be a little more violent. And the fourth group, I'll say get the hell out of here!"
"I'd like to punch him in the face, I tell ya."
"You see, in the good old days, law enforcement acted a lot quicker than this. A lot quicker. In the good old days, they'd rip him out of that seat so fast -- but today, everybody's politically correct."
"He was swinging, he was hitting people, and the audience hit back. That's what we need more of."
Numerous incidents of violence followed these comments. John Franklin McGraw punched a man in the face at a Trump event, and then told Inside Edition that "The next time we see him, we might have to kill him." Donald J. Trump said that he was considering paying McGraw's legal bills.
Since Trump's election and inauguration, his comments appearing to incite violence have continued, as have incidents of violence in which those participating in violence have pointed to Trump as justification.
On July 2, 2017, President Donald J. Trump tweeted a video of himself body slamming a man with an image of "CNN" superimposed on him.
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