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this post was submitted on 06 Jan 2024
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No, assault is strongly defined with a large amount of case law to back it up. It is also obvious who committed it.
Violent storming of the Capitol is insurrectionalist and obvious (like assault)
Incitement to insurrection is lacking in case law, and open to interpretation.
I don't know why you think this law is applicable to me personally.
That was not your original statement but it's a lot more correct now, and if we can agree that an obvious insurrection is an insurrection, that's a very good start.
I don't see any honest case to be made that this isn't incitement of insurrection.
Additionally, the 14th Amendment does not require you to prove it was an incitement, it's enough to provide aid or comfort to the insurrectionists. Of which there are numerous examples, including Trump repeatedly offering to pardon the insurrectionists.
Trump also said "I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard."
The phrase "fight like hell" can be used non violently.
Although it sounds like I'm defending Trump, I'm actually attacking future fascist, because...
This can be read in such a way that almost anyone can be struck off the ballot.
I'll give an hyperbolic example. "Instagram star breaks DC window" = followers are insurrectionists. Anyone liking a post is barred from the ballot.
If you shake someone's hand and also punch them, does the handshake cancel out the punch?
You're being slimy and dishonest again. Trump is a politician, he talks out both sides of his mouth. Talking out both sides of your mouth does not cancel out.
You can't tell the difference between double tapping an Instagram post and offering a presidential pardon?
I'm playing devil's advocate.
I can, but maybe a good lawyer can equate them. Is the law well defined enough to tell the difference?
It's interesting that you consider a swampy dishonest lawyer to be a "good" lawyer.
OK, a lawyer with great arguments, low morals and a love for money. Happier?