skews13
Diamond Member
- Mar 18, 2017
- 9,431
- 11,842
- 2,265
Alschuler’s argument comes in two parts. First, he argues that Trump’s failure to do anything to stop the riot was in and of itself a violation of the Constitution.
There’s another reason Alschuler believes Trump’s inaction rises to the level of criminal conduct—he had a duty to prevent others from being harmed.
Alschuler believes prosecuting Trump for his inaction would remove any roadblocks the First Amendment could throw up if he were ever held to account for the events of Jan. 6. While conceding that a court could rule Trump’s words at the Save America Rally were protected speech, he believes that “Trump’s refusal to enforce the law” is absolutely fair game. In that case, even if his remarks were theoretically protected speech, “they could be received in evidence as proof of his intent.”
Perfectly reasonable legal arguments. I’ve said all along, Trump loses in court b cause of Article ll responsibility of the President to take care that the laws are faithfully executed.
The Constitution gave Trump a clear legal duty to intervene. Article II, Section 3 provides, “[The President] shall take Care that the Laws be faithfully executed.” This provision permits good-faith exercises of law-enforcement discretion, but a president unmistakably violates his duty when he refuses to enforce the law because he wants a crime to occur—when, for example, he hopes to advance his own interests through the criminal conduct of others. As abundant evidence shows, that’s what transpired on Jan. 6.
There’s another reason Alschuler believes Trump’s inaction rises to the level of criminal conduct—he had a duty to prevent others from being harmed.
Even if his direction to march to the Capitol and “fight like hell” was not intended to start a riot, it led to violence and placed the Vice President and members of Congress in peril. A person who creates a physical danger—even innocently—has a legal duty to take reasonable measures to prevent injury from occurring. Someone who’s started a fire can’t just let it burn out of control.
Alschuler believes prosecuting Trump for his inaction would remove any roadblocks the First Amendment could throw up if he were ever held to account for the events of Jan. 6. While conceding that a court could rule Trump’s words at the Save America Rally were protected speech, he believes that “Trump’s refusal to enforce the law” is absolutely fair game. In that case, even if his remarks were theoretically protected speech, “they could be received in evidence as proof of his intent.”
Trump can be prosecuted for inaction during Jan. 6 insurrection, says legal scholar
For most of us, it’s an article of faith that Donald Trump is responsible for the Jan. 6 insurrection, regardless of Republican sentators’ refusal to vote for a conviction in his second impeachment. But a prominent legal scholar believes there’s...
m.dailykos.com
Perfectly reasonable legal arguments. I’ve said all along, Trump loses in court b cause of Article ll responsibility of the President to take care that the laws are faithfully executed.