Seldom does a day go by that Rump Dump Trump or one of his close Republican Aides does not signal his followers to achieve through violence what he is unable to accomplish through his normal flood of hatred. But lately, he has been calling for the assassination of the President of the United States, if he is not elected. I learned how he gets away with treason.
Over half a century ago, Clarence Brandenburg stood before a small gathering of his fellow Ku Klux Klansmen dressed in full Klan regalia. “We’re not a revengent organization,” Brandenburg told the gathered bigots, “but if our President, our Congress, our Supreme Court, continues to suppress the white, Caucasian race, it’s possible that there might have to be some revengeance taken.”
On Tuesday, the Republican presidential nominee made a statement that was far more similar to Brandenberg’s than one would expect from someone who wants to become the Leader of the Free World. “If [Hillary Clinton] gets to pick her judges — there’s nothing you can do, folks,” Donald Trump told a campaign rally. Then he added an allusion to violence: “although the Second Amendment people, maybe there is, I don’t know.”
Both statements contained calls to violence against the speakers’ political opponents. And, at least under the letter of the law, there’s a plausible argument that Trump’s statement was illegal. One federal law provides that “whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon . . . a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate” commits a federal felony. Another provides that someone who intentionally solicits another person to “engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States” may also face criminal charges.
But such a prosecution would be unconstitutional, thanks to a case that Brandenburg brought up to the Supreme Court. Donald Trump, arguably the most important racist leader in the United States for a generation, is the direct beneficiary of Brandenburg’s racist speech and the legal rule that emerged from it.
In the wake of his suggestion that “there might have to be some revengeance taken” against the president and other high officials, Brandenburg was prosecuted under an Ohio law that punishes individuals who “‘advocate or teach the duty, necessity, or propriety’ of violence ‘as a means of accomplishing industrial or political reform.’” But the Supreme Court ruled that, under the First Amendment, mere advocacy of violence cannot be a crime absent much more…
From <Think Progress>
In my opinion, Brandenburg v. Ohio was wrongly decided. The next President will likely choose four Supreme Court Justices. They will be chosen by Clinton or by Trump. There are no other possibilities. On the plus side, if we can break the Republican stranglehold on the Court, maybe we can challenge and overturn such miscarriages of justice. That is my hope.
8 Responses to “How Trump Gets Away with Treason”
Sorry, the comment form is closed at this time.
Trump is not in prison. Jeffrey Sterling is. I am going to cry. It won't help, but it may make me feel better, if it doesn't stop me up so badly that I can't breathe.
The list of things Drumpf has gotten away with since he put his name down for the primaries is endless. In short: Drumpf gets away with anything, including several counts of treason. Calling on the Russians to spy/hack into the mail server of a presidential candidate or soliciting "some second amendment people" to kill that candidate, Drumpf get's away with it all. The SCOTUS ruling on Brandenburg v. Ohio is only part of the problem, because it'll never get that far; no one is actually going file charges against him, none of it will even make it to a prosecutor.
When our Geert Wilders was stoking up the fire at a election rally, having his followers chant for Muslims of Moroccan origin to get out of the country and promising them he'd make it happen after the election, hundreds of people filed charges against him and he's to appear in court in September for it. It's the second time he has to appear there on similar charges, and he'll probably be acquitted again, but at least the signal is given that Wilders is not allowed to get away with everything. Sadly Drumpf seems to be shielded from such actions and all that is left to do is complain and moan about how terrible he is. That must be terribly unsatisfactory for some, so I sincerely hope there are no Democratic "second amendment people" who'll follow Drumpf's own advice and take matters in their own hands.
There are always exceptions, but criminal nviolence is the SOP for Republicans, not Democrats.
Trump knows exactly what he is doing and how he can get away with it all. This feels like the Armageddon of politics….or one of those B movies where the zombies threaten the entire town. We're going to need all the flaming torches, silver bullets and sharp pitchforks we can muster…
Everyday…this ID says something offensive. He'll be the Dictator if elected!!
Thanks, Tom.
Thanks all! Hugs!!
Sorry, fell asleep at the keyboard last night after reading the article.
Perhaps a more enlightened SCOTUS, one filled out by a Democrat or specifically Clinton, will be able to overturn the effects of Brandenburg v. Ohio in addition to overturning Citizens United. In my opinion, there have to be certain limits to free speech like not protecting outright hate speech or speech inciting violence. I know it is a fine line but … We have already seen how Drump's incitement to violence has lead others to violent actions.
Thanks, TC, I didn't know about this ruling. It needs to be overturned and he SHOULD be prosecuted.