Skip to main content
Non-financial boards have been closed.

Non-financial boards have been closed but will continue to be accessible in read-only form. If you're disappointed, we understand. Thank you for being an active participant in this community. We have more community features in development that we look forward to sharing soon. | The Motley Fool Community
Message Font: Serif | Sans-Serif
No. of Recommendations: 1
Could you give me an example of what ELSE he would have had to do in order to be subject to prosecution?

Most directly, he'd have to have included in his speech a direct call for the audience to break into the capital and/or to use violence (or the threat of violence) against Congress. That would support an indictment for incitement, and perhaps conspiracy to commit. Because there's such a widely established tradition of using martial metaphors to describe perfectly legal political action (describing political contests using terms like "fights," "battles," or even "wars"), prosecutors cannot prove that the use of such terms were intended by the speaker, or understood by the audience, as calls for physical violence rather than political action.

Trump also could have taken actions outside of the speech itself that could give rise to prosecution, of course. For example, if he had met with Proud Boy leaders and specifically discussed a plan to break into the capitol and threaten Congresscritters, that would obviously be a criminal offense. But so far, there's no indication that he did anything like.

Print the post  


When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Contact Us
Contact Customer Service and other Fool departments here.
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
Work for Fools?
Winner of the Washingtonian great places to work, and Glassdoor #1 Company to Work For 2015! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.