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OpEdNews Op Eds    H4'ed 2/18/21

Trump Should Be Indicted

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From Other Words

GOP senators said Trump was culpable, but he's a "private citizen" now. Fine -- indict him like one.

Indict Trump
Indict Trump
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In the wake of his second impeachment acquittal, Donald Trump proclaimed victory in what he called "the greatest witch hunt in the history of our Country."

Trump was acquitted. But the Senate hardly absolved him: A 57-43 majority concluded he had incited a riot.

Few if any of those who voted to acquit did so because they considered Trump innocent of the charge. Rather, after refusing to hold the trial while he was still in office, they relied on the technicality that Donald Trump is now "a private citizen."

All the more reason, then, to hold Citizen Trump responsible under criminal law for his effort to overthrow our democracy by force. Maybe it's time for him to face 12 jurors.

Many Republicans agree Trump was responsible for the sacking of the Capitol.

"There is no question, none," said GOP Senate leader Mitch McConnell, "that President Trump is practically and morally responsible for provoking the events of the day... A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags and screaming their loyalty to him."

Similarly, GOP House leader Kevin McCarthy concluded, "The president bears responsibility" for the "attack by mob rioters."

Donald Trump whipped up his supporters, including violent white supremacists he had previously instructed to "stand by," and incited them to march to the Capitol, "never give up," "fight much harder," and "fight like hell" -- as hard as it took to "stop the steal." That meant: Do whatever it takes to force Congress to set aside Joe Biden's election victory.

A few political leaders have called for an indictment, but not many. Perhaps they don't want to politicize criminal law enforcement.

But silence is still political. It reflects a presumption of impunity for presidents and other high officials. It's the same impunity that protected Richard Nixon from being charged with conspiracy to commit burglary and Bush-era cabinet officials from being charged with conspiracy to commit torture following 9/11.

The First Amendment protects offensive and controversial speech, even Trump's "right" to utter the lie that the election was stolen. But it includes no right to incite mob violence.

The First Amendment does not protect "preparing a group for violent action and steeling it to such action."

A Sixth Circuit case involving Trump himself explains: If a speech "explicitly or implicitly encourage[s] the use of violence or lawless action" and violent or lawless response is likely and imminent, you've gone beyond free speech.

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Mitchell Zimmerman Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Mitchell Zimmerman is an attorney, longtime social activist, and author of the anti-racism thriller Mississippi Reckoning. 
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