Observations after Day 2 of the Impeachment trial. 1) Incitement to riot is not protected by the First Amendment. Feiner v. New York, 340 U.S. 315, 321 (1951). Trump, in his January 6 speech, used inflammatory words to move the mob.
trump (1) for months prior to and weeks after the 2020 election, disparaged its validity; (2) tweeted his followers to come D.C. for January 6, when electors’ votes would be counted: “Big protests in D.C. on January 6. Be there. Will be wild!"
The Managers’ Brief (at p. 47) cites Brandenburg v. Ohio, 395 U.S. 444, 447 (1969) to note constitutional guarantees of free speech and free press do not apply where advocacy of the use of force is directed to inciting, and is likely to incite, such action.
At the January 6 rally, trump’s personal attorney, Giuliani, spoke and said: "Let's have a trial by combat!" trump said: “You'll never take back our country with weakness. You have to show strength and you have to be strong." (Mgrs’ Br. at pp. 20-21.)
Dereliction of duty and abandonment of his oath occurred after The Capitol was stormed and trump did nothing to call in armed support for the outnumbered police. The purpose of the rally was to interfere with certification of the electors’ votes. trump furthered illegality.
Some GOP Senators, it is reported, did not listen to arguments yesterday. Vice President Aaron Burr presided over the impeachment trial of Supreme Court Justice Samuel Chase “with almost ferocious intensity. When one senator strolled around munching an apple...
...Burr rebuked him in uncompromising terms. Another...was censured ... for leaving before a session ended.” Fleming, “Duel,” 1999, p. 364. Senators are supposed to listen to and watch (the video) the evidence. That is their job. Maybe we need Burr.
This afternoon at 4 p.m., on podcast Civil Discourse Now (on FB & I hope, by then, Twitter & YouTube) I’ll take calls from people (let MAGAts know) at 317.517.2037. Also, I’m trying to figure out who gets decoder rings.