Saturday, November 26, 2022

The Insurrectionist

[Since I originally posted this, I have learned that "insurrection" has a narrow legal definition, as does "sedition" and "seditious conspiracy". None of the invaders of the Capitol on January 6 were charged with insurrection, but many were charged and convicted of seditious conspiracy, hence "insurrectionist" is inaccurate and "seditious conspirator" is the more accurate label]

Do I think Donald Trump, aka "Losin' Don", will ever see one day in prison, or even be subject to significant civil penalties? [updated May 28, 2023 to note that he was recently held liable for defamation and order to pay $5,000,000]

No. 

Do I think he should because he's guilty as Hell?

Yes, I do. 

One of Trump's impeachments was over his incitement of the attack on the Capitol on January 6, 2020. His supporters point to one line in his speech in Washington, D.C. on that day: "I know that everyone here will soon be marching over to the Capitol Building to peacefully and patriotically make your voices heard". There are other references to peacefully protesting and being the party of law and order. But does that exonerate him from any blame? 

Throughout his speech on January 6, 2020 Trump rehashed his lies that the election was stolen and that day's Congressional certification of the electoral votes was the last chance to make things right. He had supporters in Congress who would vote against accepting the electoral votes of states that had went to Joe Biden in close contests. He was pressuring Vice President Pence to refuse to accept the results. And now, on the last supposedly legal opportunity to overturn the election results he faced a crowd of thousands of true believers. The core of those who really believed the lies that their cult leader was feeding them and were prepared to act on his words. 

Trump was skilled at not leaving a paper trail, ensuring plausible deniability at every turn. He was the master of "Will no one rid me of this troublesome priest?" utterances, enabling him to claim that he didn't actually issue the orders to do what his subordinates clearly understood to be orders. His defense that he didn't incite that attack on the Capitol is apparently that he didn't say the words "Now go and attack the Capitol". 

The context of incitement in this case can't even be narrowed down to what he said or didn't say on January 6. For months he had been ranting that the election had been stolen from him. His core of supporters, especially those present that day, were people who had no problem with violence. His 'wink and a nod' support of extremist groups (to the Proud Boys "Stand back and stand by") certainly communicated that he was perfectly fine with protests that got more physical than waving Trump flags and wearing red hats. He encouraged rough and even violent treatment of protesters at his rallies. After months of convincing his followers that it was the patriotic thing to do to overturn an election he encouraged them to march to the Capitol...which was not open to the public that day to make their voices heard. What did he think would happen? Maybe he didn't realize how far it would go, but it took him over three hours to call on his cult to stop their attack and go home. And even then he expressed sympathy for them and what they were doing. If he truly intended for their voices to be heard, "peacefully and patriotically", why did he allow the rampage to continue as long as he did? Trump claims that it wasn't his intention to encourage his followers to break into the Capitol, but his followers seem to think it was. He knew what affect his words would have.

Speaker McCarthy released all the security to video that day, not to the media at large, not to the Congressional Committee (that he disbanded) to investigate the events of that day, not to the Georgia prosecutor looking into Trump's culpability, but to Trump sycophants Tucker Carlson, who released portions of the footage where the seditionists weren't attacking the police, breaking windows, scaling walls or stealing items from Congressional offices. As if we hadn't already seen the videos of the violence and destruction or the calls to "hang Mike Pence" or "get Pelosi". 

He's guilty. Go get him Jack.

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