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January 1, Loophole Could Shield Trump From Jan. 6 Charges

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ON THIS DAY IN HISTORY…
1979: After invading Afghanistan two days earlier, Soviet forces pull off a coup in Kabul, killing President Hafizullah Amin.

The Jan. 6 House Select Committee has issued four criminal referrals against former President Donald Trump, but a decades-old legal precedent could shield him if charges are ultimately filed.

The committee’s referrals were for obstruction of an official proceeding, conspiracy to defraud the U.S., conspiracy to make a false statement and to “incite,” “assist,” or “aid or comfort” an insurrection.

If charges are brought, Trump’s legal team could use the First Amendment’s free speech protection as a defense.

Free speech, which the U.S. Supreme Court has protected for decades, has limitations on when it can be criminalized. Under the precedent set by the 1969 case Brandenburg v. Ohio, the Supreme Court considers two factors when dealing with speech:
1. The speech must be intended to incite or produce lawless action
2. The speech must also be likely to incite or produce lawless action

A recent article published by The Atlantic said that Trump’s defense team could continue to argue that what he said on Jan. 6, 2021, was protected by the First Amendment.

During Trump’s speech at a Save America rally, he repeatedly called for his supporters to “fight” — but the argument could be made that the word was metaphorical, as Trump didn’t demand specifically for his supporters to initiate or partake in violence.

Also, Trump urged his supporters to avoid violence and march “peacefully and patriotically.” It would be difficult for prosecutors to argue that he explicitly urged lawless action.


Source: Newsweek

14 Comments

14 Comments

  1. Recce1

    December 27, 2022 at 6:12 am

    While It’d be difficult for prosecutors to argue that Trump explicitly urged lawless action on January 6th, I’ve no doubt they’ll try.

    • Fred Ward

      December 27, 2022 at 9:09 am

      They will not prosecute. If they do, discovery would allow all of the video to be introduced. They most certainly do not want that. Garland will blow off the referral.

  2. Andy

    December 27, 2022 at 6:53 am

    If anyone “incited” lawlessness, it was Ray Epps. Seems he was the only one not charged at all. For anything. Something rotten in Denmark

  3. B

    December 27, 2022 at 7:36 am

    The test set to vitiate the free speech protection applies more to Kamala Harris than Trump. She unequivocally exhorted Antifa, Black Lives Matter and other left wing thugs to relentlessly continue ( ‘’they should not and must not stop’— remember that exhortation in her usual word salad style???) with acts of violence , death and destruction during the summer of 2020. If there is no call for legal accountability for her, Shumer, Maxine Waters or all the democrat officials who called for violence and harassment of conservatives or stood silent while conservative
    officials and justices were being victimized, then the prosecution of Trump is just another witch-hunt and a terrifying example of the hypocrisy and two tiered justice system that favours the democrats and the left in America.

  4. B

    December 27, 2022 at 7:37 am

    The test set to vitiate the free speech protection applies more to Kamala Harris than Trump. She unequivocally exhorted Antifa, Black Lives Matter and other left wing thugs to relentlessly continue ( ‘’they should not and must not stop’— remember that exhortation in her usual word salad style???) with acts of violence , death and destruction during the summer of 2020. If there is no call for legal accountability for her, Shumer, Maxine Waters or all the democrat officials who called for violence and harassment of conservatives or stood silent while conservative
    officials and justices were being victimized, then the prosecution of Trump is just another witch-hunt and a terrifying example of the hypocrisy and two tiered justice system that favours the democrats and the left in America.

  5. John J

    December 27, 2022 at 7:55 am

    The witch hunters will keep attacking Mr. Trump because they are deathly afraid of him

    • Bonnie

      December 27, 2022 at 10:34 am

      Always, the good fighting the bad. Trump, the man that did it all, with no help from either side. I pray he is our President once more!

  6. moosegringo Green

    December 27, 2022 at 10:04 am

    Anything that gets rid of dementia Biden is a good thing.

  7. Kelly Cofield

    December 27, 2022 at 11:45 am

    Will someone please tell me why they are afraid of Trump?
    Is it because the left is stealing tax money and is worried they will be caught?
    They have been stealing for years

    • PAT

      December 27, 2022 at 5:16 pm

      “”””””WHY DO YOU THINK THEY WANT TO “””CLOSE DOWN ALL THE PRISONS””!!!???”””” “”THEY’RE “SCARED TO
      DEATH””” “””THE “””HAMMERS”” COMING DOWN”””” SOON, AND THEY’RE “””ALL GOING TO BE “FOUND OUT” AND “SENT TO PRISONS ALL OVER AMERICA” FOR THEIR “”CORRUPTION”” AGAINST “”AMERICA”!!!
      THE SOONER “”DEMOCRATS WHO VOTED FOR THEM””, “”WAKE UP”” AND “SEE THE DAMAGE THEY’VE
      “”ALREADY DONE””, AND “START “ADMITTING” THEY WERE “WRONG”, AMERICA “””MAY””” HAVE 1/2 A CHANCE OF
      SURVIVING THE ONCOMING DEVASTATION”” OF THE “NEW WORLD ORDER” AND A CHINESE TAKEOVER OF THE “”””LAST FREE COUNTRY IN THE WORLD”””!!!!! “”PEOPLE HAD BETTER “””START PRAYING””” FOR OUR COUNTRY!!!!!! OR, IN THE NEXT TWO TO FOUR YEARS, “”WE’RE ALL”” (MOST LIKELY), GOING TO BE LIVING UNDER “””TOTAL COMMUNISM”””!!!!! THE “””AMERICAN PEOPLE”” ARE GOING TO “”BE IN THE WAY OF THE “CHINESE” AND “WE WILL ALL, “”EITHER, BE THEIR SLAVES”, OR “””DEAD”””~!!! BURRIED IN MASS GRAVES!!!!! THE WHITE RACE HERE “IS “””ALREADY””” THE “”””MINORITY””””!!!!

      “””TRUMP”””, AND THE “””POWER OF GOD”””, “”””THROUGH PRAYER”””, IS GOING TO BE “””OUR ONLY SALVATION”””!!!!
      IF DEMOCRATS STAY IN POWER, “””OBAMA”& HILLARY”” ARE “”PULLING THE STRINGS”” FROM “BEHIND THE SCENES” AND WILL “””FINISH UP HIS “”DASTARADLY DEEDS”” THAT HE AND CLINTON’S “SET OUT TO FINISH”””!!!!
      “TRUMP “”INTERRUPTED THEIR PLANS WHEN HE WON”””!!!!! “””” HILLARY AND OBAMA WERE “SURE SHE’D WIN”, AND WERE GOING TO “”COMPLETE THEIR PLANS “”””OBAMA “”INITIATED”” WHILE HE WAS IN THE WHITE HOUSE”””!!!! “””THEY’RE BOTH “MANIPULATING BIDEN”””” AS MUCH AS THEY CAN (WITHOUT NOTICE FROM THE “PUBLIC”) TO “CONTINUE THIER CORRUPTION”, “””MAKING HIM THEIR “SCPAEGOAT””!!!”””! “””BIDEN HAS “”NO CLUE WHAT “HES DOING”””!!!!

      THEN, WHEN “”””TRUMP WON””””, HE PUT THE “”KABBOSH TO THEIR “DREAM”””!!!!”””” THEY “”””H A T E H I M”””” BECAUSE “””””HE WON”””!!!!……..”””” H O P E F U L L Y””””, HE AND “HIS TEAM” ARE WORKING TO “”TAKE THEM ALL DOWN FOR “”””ALL THE CORRUPTION”””” THEY’VE PERPETRATED ON AMERICA””” & “””SOON”””, THE “”TRUTH WILL BE REVEALED”” AND “”””THEY’RE ALL “”””GOING DOWN, AND “”GOING DOWN, “””HARD”””!!!!!””””
      “”””””THEY’RE, “”””FEELING THE HEAT A;READY!!!”””””, AND “””DESPERATELY””, TRYING TO
      “”””‘””””GET THOSE PRISONS “””SHUT DOWN”””””””””””. …….”””””QUICKLY”””””!!!””””””””

      “””” P R A Y F O R A M E R I C A “”””!!!!!! …… 2 CHRONICLES 7:14!!!!!!!!!!!!!!
      (IF MY PEOPLE WHO ARE CALLED BY MY NAME SHALL HUMBLE THEMSELVES AND PRAY, AND SEEK MY FACE,
      AND TURN FROM THEIR WICKED WAYS, THEN WILL I HEAR FROM HEAVEN, AND FORGIVE THIER SIN
      AND WILL HEAL THIER LAND.)
      WITH “”THE ABORTIONS””, THE “” LTBTQ, GAY, HOMOSEXUAL AUTROCITIES”” GOING ON “IN OUR LAND”, “”WAR”” WITH RUSSIA AND UKRAINE,, “”RUMORS OF WARS”…..”CHINA GOING AFTER TAIWAN, AND “WHOEVER GETS IN THEIR WAY”…..NORTH KOREA HAS NUKES, THAT CAN “TRAVEL TO AMEIRCA”””, “””AMERICA IS BEING INVADED””” BY “”EVERY COUNTRY IN THE WORLD THROUGH THE BORDERS THAT “””DEMOCRATS””” HAVE “OPENED WIDE”” AND OFFERING THEM ALL “””ANYTHING AND EVERYTHING””, “”””ON A SILVER PLATTER””””!!!! GANGS, TERRORISTS, “DRUGS AND “”ENOUGH “”FENTYANL””” TO “”KILL “””””EVERY AMERICAN”””””” “”3X OVER”””!!!!!

      MOST OF THOSE COMING ACROSS THE BORDER ARE “””YOUNG MEN OF “”MILITARY AGE””, READY TO “”FIGHT “”ALL AMERICAN””!!!!! ANTIFA, BOKO HARAM, GREEK DOMESTIC TERRORISTS, ISLAMICS FROM IRAQ, HISBALLAH, LORD’S RESISTANCE ARMY, TALIBAN FROM PAKISTAN, AND MORE GANGS!!!! .

      “””THE “”MAJORITY OF THOSE CROSSING OVER INTO TEXAS , “””ARE “””””NOT “FAMILIES””””, “”LOOKING FOR WORK”” AND A “””BETTER WAY OF LIFE””!!!!!!””” (YES, “SOME” ARE), BUT, THE “””MAJORITY””” ARE “””YOUNG FIGHTING MEN (MURDERERS, RAPISTS, EX CON MEN, & “GANGS”””, “”””TRAINED, TO “”KILL””!!!!””””, AND “”THE AMERICAN PEOPLE”” ARE GOING TO BE “”THE FIRST TO “BE ELIMINATED”!!!!! (WOULD THINK THE DEMOCRATS WOULD BE “”CONCERENED”””, BUT “THEY CONTINUE TO “STAND WITH THE ENEMY, “”IT’S “””””DEMOCRATS””””””, “”””DESTROYING OUR COUNTRY””””, “”””””FROM “””WITHIN “OUR OWN” BORDERS””””!!!!!””””! “”THEY’RE AMERICANS TOO”””…..AND “NO ONE SPECIAL”, WHEN IT COMES TO THESE “”ENEMY COUNTRIES WHO ARE “””INVADING OUR LAND””””!!!!!! “””THEY”””, “MAY BE THE “FIRST TO BE ELIMINATED”!!!!!

      GOD IS GOING TO BE “”POURING OUT HIS WRATH ON THIS COUNTRY””, “”””LIKE “”N E V E R B E F O R E””!!!!!!!!!
      “”””IF IT KEEPS GOING THE WAY IT IS””” WITH “THE EVIL PEOPLE ARE LIVING TODAY, THE BIBLE “WARNS US” OF THE “”END TIMES””,!!!! “EVIL WILL BE GOOD” & “”GOOD WILL BE EVIL””!!! WHEN YOU LOOK AT THE “GAY AGENDA”, AND THE WAY THEY’RE PUSHING THIER “””PERVERSE AGENDA ON “”OUR KIDS””!!, AND “”CALLING IT “GOOD”……..”””””HOW MUCH MORE CLEAR”””, CAN IT BE????”””””!!!

      (FOR THOSE OF YOU, “””WHO HAVE “NO IDEA” WHAT THE BIBLE SAYS IS COMING”””….””SOMEONE NEEDS TO TELL YOU””‘!!!!!…… NO ONE SEEMS TO BE….SO “I’M TELLING YOU.)… THE BIBLE SAYS “””STUDY, AND SHEW THYSELF APPROVED UNTO GOD, A WORKMAN THAT NEEDETH NOT TO BE AHAMED, RIGHTLY DIVIDING THE WORD OF TRUTH” 2 TIMOTHY 2:15…..” DON’T DEPEND ON “MOST PASTORS” WHO “”””SUGAR COAT “””GODS”” WORD”””!!!! READ IT “FOR YOURSELVES” AND “”PRAY FOR “WISDOM”” THAT “YOU MAY UNDERSTAND” HIS MESSAGE!!!! “”””JESUS CHRIST”””” IS THE “ONLY WAY” TO SALVATION”””!!!! “””TOO MANY PEOPLE “”PUT ON THEIR BLINDERS” AND “CONTINUE DOWN THEIR PATH OF “DESTRUCTION”!!!! . “””WE CAN LOOK FOR THE “SOON”” COMING OF “”JESUS CHRIST””!!!! HE TELLS US, TO “””PRAY ALWAYS THAT YE WILL BE ACCOUNTED WORTHY TO ESCAPE THE THINGS THAT SHALL COME TO PASS. LUKE 21 36!!!!!!::: ”
      WE’RE LIVING IN THE LAST DAYS!! PEOPLE “””FEEL IT”””…..””CHRISTIANS AND NON-CHRISTIANS ALIKE””……..”””KNOW”””, “””SOMETHING”””, IN THIS WORLD “”TODAY”” IS “”””SOMETHING LIKE “”NEVER BEFORE””!!!!!””””I
      “””THEY DON’T “KNOW WHAT IT IS”””,………….BUT “””THEY “”FEEEEEEEL””” IT””””!!!! (GET OUT THE BIBLE…..”‘GOD KNEW”, FROM THE BEGINNING………AND, “””HE’S FED UP WITH TODAYS’ SOCIETY””!!!!!! GOD SAYS, “”WHEN YOU SEE THESE
      THINGS COME TO PASS, “LOOK UP”….YOUR REDEMPTION DRAWETH NIGH.”.

      JESUS IS COMING TO “”TAKE HIS CHURCH””!!!!! THOSE “”LEFT BEHIND”””” TO “LIVE UNDER THE “ANTI-CHRIST”………—–.WELL, “”I’D STRONGLY SUGGEST””, ””YOU””, BE “”MAKING PEACE”” WITH “”””THE LORD GOD ALMIGHTY”””” AND “”TURN FROM YOUR “WICKED WAYS”, (IF YOU HAVEN’T ALREADY!!!!!!)….. (YOU “””DON’T”” WANT TO BE HERE AFTER “””JESUS COMES IN THE CLOUDS TO GATHER HIS SAINTS”””!!! ( AND, “”””IT COULD BE SOON””””!!! IT COULD BE ::YEARS AWAY,::) BUT, ……….
      “HOW DO YOU KNOW “””WHEN”” “”YOU’LL MEET HIM”””?????? WHAT IF YOU WERE IN AN ACCIDENT OR “HAVE A HEART ATTACK””” THIS AFTERNOON????, OR TOMORROW????? “”WOULD HE SAY, “””WELCOME HOME MY GOOD AND FAITHFUL SERVANT””?????, OR “””DEPART FROM ME, “I KNOW YOU NOT”””???? (LORD HELP YOU!!!! “”” IF YOU DON’T KNOW “HIM””!!!!!!!””) ………….”””THERE ARE “”NO UNBELIEVERS IN HELL””!!!!!””””

      “DOUBT THIS WILL BE SHOWN, BECAUSE “”CONTENT WILL “”BE “OFFENSIVE””” TO SOME”. …….. WHATEVER,…….IT’S “BIBLICAL”, AND IF THEY DELETE IT, “”‘THEY”” PROBABLY “”” NEED TO HEAR THIS MORE THAN “ANY OF YOU”!!!”””
      GOD BLESS YOU ALL….”””HAPPY NEW YEAR””!!!!! “”JUST —— “””PRAY FOR AMERICA”””!!!!!””——
      !

  8. Joseph Jennings

    December 27, 2022 at 1:44 pm

    It was suspected in advance that ther would be a demonstration on Jan 6, but Nancy Pelosi and the Democrats did nothing to prepare for it despite President Trump’s requests. The FBI planted instigators in the crowd to insure a violent demonstration. and the initial “attack” began long before Trump concluded his speech.

  9. Justajo2

    December 27, 2022 at 3:25 pm

    Another “loophole” is that the investigation was unconstitutional. The House had no authority to do anything it did and they know it.

  10. Ima Enyurphase

    December 27, 2022 at 4:00 pm

    At least 3/4 of Congress are responsible for what happened on J6. They failed in their duties to uphold their oath of office and investigate a disputed election. There’s NO SUCH THING as an “election denier”. Nobody said it didn’t happen only that there were UN-ANSWERED QUESTION’S how it was administered, the number of legitimate ballots, the number of legal votes. All personally legitimate to ask question’s AND get answers. Was it legitimate or not? Hindsight is showing it WAS NOT !

  11. jonathan davidson

    December 28, 2022 at 10:12 am

    it is hard to believe that biden won the election without campaigning and hiding in a bunker instead. trump was winning on election night when i went to bed. i woke to discover biden had easily won the election in the electoral college while eclipsing the record vote count. we, as the people, have no way to question the integrity of the election based on the outcome. Joe biden can get on tv and brag about the most inclusive and widespread voter fraud campaign this country has ever seen, and we cannot question the integrity of the election. They call it a gaffe. president trump did not start the stop the steal movement, and he did not say anything about the election after it was decided. He went on vacation, and he didn’t start talking to people about the election until december of 2020. There was no organized effort to overthrow the government, they just wanted to stop the travesty that happened from occurring. Not only could we not stop them from stealing our election, we can’t stop them from doing it again

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