Former DC Prosecutor: Trump Did Not Incite (Larry Elder)

To meet the legal definition of incitement, you need statements like the above not to be in the incitement. Also, the legal incitement charge needs to show as well the continued incitement, and not calling for peace, after the understanding of violence. Even with the admission that Trump has made to Kevin McCarthy that he feels somewhat responsible for Wednesday’s event, he did not incite the crowd. In other words, both things can be true… Trump not realizing the “quality” of the crowd and the mixed intentions of it… for instance, this man and his family:

Which is my segue into an excellent post by RIGHT SCOOP quoting a Wall Street Journal article.

An interesting opinion piece ran in the Wall Street Journal yesterday by a former prosecutor who has a history of convicting protesters in Washington DC. Jeffrey Scott Shapiro wrote that while it is a crime to incite a riot in the nation’s capital, President Trump is not guilty of doing it:

The president didn’t commit incitement or any other crime. I should know. As a Washington prosecutor I earned the nickname “protester prosecutor” from the antiwar group CodePink. In one trial, I convicted 31 protesters who disrupted congressional traffic by obstructing the Capitol Crypt. In another, I convicted a CodePink activist who smeared her hands with fake blood, charged at then-Secretary of State Condoleezza Rice in a House hearing room, and incited the audience to seize the secretary of state physically. In other cases, I dropped charges when the facts fell short of the legal standard for incitement. One such defendant was the antiwar activist Cindy Sheehan.

Hostile journalists and lawmakers have suggested Mr. Trump incited the riot when he told a rally that Republicans need to “fight much harder.” Mr. Trump suggested the crowd walk to the Capitol: “We’re going to cheer on brave senators and congressmen and -women, and we’re probably not going to be cheering so much for some of them. Because you’ll never take back our country with weakness. You have to show strength and you have to be strong.”

“To peacefully and patriotically make your voices heard”

The president didn’t mention violence on Wednesday, much less provoke or incite it. He said, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”

District law defines a riot as “a public disturbance . . . which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons.” When Mr. Trump spoke, there was no “public disturbance,” only a rally. The “disturbance” came later at the Capitol by a small minority who entered the perimeter and broke the law. They should be prosecuted.

The president’s critics want him charged for inflaming the emotions of angry Americans. That alone does not satisfy the elements of any criminal offense, and therefore his speech is protected by the Constitution that members of Congress are sworn to support and defend.

Someone send this to Pelosi, because I’m sure it’ll change her mind!

Lol, in case you didn’t catch it, that last sentence I included was sarcasm. That being said, I think the Democrats and the Left saying “all white people are racist” in one of the most “inciteful” thing someone could say! (Examples here, here, here, and here — I could give hundreds of examples, but that should suffice).

However, I wanted to include some examples via Larry Elder of the hypocrisy of the Left:

This video is from Larry’s YouTube Channel (here). At the end of his small montage I add video of a larger call to violence by [hypocritical] Democrats.

 

A Must Read AMERICAN SPECTATOR Excerpt… BAM!

The lethal price tag for the months of the Impeach Trump obsession by Democrats is now in — and rising.

Over there at Breitbart, Joel Pollak, one of the serious journalists of the day, has put together this telling timeline that shows exactly what Democrats were doing as the coronavirus loomed. Here’s the link to Joel’s story — and here’s his very revealing timeline:

  • January 11: Chinese state media report the first known death from an illness originating in the Wuhan market.
  • January 15: Speaker of the House Nancy Pelosi (D-CA) holds a vote to send articles of impeachment to the Senate. Pelosi and House Democrats celebrate the “solemn” occasion with a signing ceremony, using commemorative pens.
  • January 21: The first person with coronavirus arrives in the United States from China, where he had been in Wuhan.
  • January 23: The House impeachment managers make their opening arguments for removing President Trump.
  • January 23: China closes off the city of Wuhan completely to slow the spread of coronavirus to the rest of China.
  • January 30: Senators begin asking two days of questions of both sides in the president’s impeachment trial.
  • January 30: The World Health Organization declares a global health emergency as coronavirus continues to spread.
  • January 31: The Senate holds a vote on whether to allow further witnesses and documents in the impeachment trial.
  • January 31: President Trump declares a national health emergency and imposes a ban on travel to and from China. Former Vice President Joe Biden calls Trump’s decision “hysterical xenophobia … and fear-mongering.”
  • February 2: The first death from coronavirus outside China is reported in the Philippines.
  • February 3: House impeachment managers begin closing arguments, calling Trump a threat to national security.
  • February 4: President Trump talks about coronavirus in his State of the Union address; Pelosi rips up every page.
  • February 5: The Senate votes to acquit President Trump on both articles of impeachment, 52-48 and 53-47.
  • February 5: House Democrats finally take up coronavirus in the House Foreign Affairs Subcommittee on Asia.

And there, in black and white, is exactly the problem. Republicans at the time warned that Democrats were so mindlessly obsessed with impeachment that other issues were being routinely ignored. Immigration, trade, health care, and on and on went the list of concerns that were being ignored in favor of the impeachment obsession.

But there was another issue Democrats were ignoring while they spent their time impeaching the president. A very, very big issue that involved life or death.

The American Spectator’s Dov Fischer took it head on right here. His title:

The Real Threat to Our Democracy During Coronavirus

Pelosi, Schiff & Co. were too busy dragging the country through impeachment to pay attention to ominous developments in Asia.

Dov Fischer nailed it exactly.

Yes, indeed, while all that impeachment obsession was happening, the coronavirus was making its debut. Note well in the Pollak timeline this date — January 11, the day that “Chinese state media report the first known death from an illness originating in the Wuhan market.” And with that virus news out there, a mere four days later, Speaker Pelosi focuses not on that — but on holding the House vote that impeaches the president, followed by an elaborately staged spectacle in which she signs her name to the documents with a stash of 30 gold pens resting on a silver tray. Then, in another elaborately staged spectacle, she formally parades the articles through the halls of the Capitol to deliver them to the Senate.

Then there is January 21, a full 10 days after news of the virus has gone public — and the first known person who had been in Wuhan arrives in America. Carrying the virus. Two days later Pollak notes this:

  • January 23: The House impeachment managers make their opening arguments for removing President Trump.
  • January 23: China closes off the city of Wuhan completely to slow the spread of coronavirus to the rest of China.

And not to be forgotten: on January 31, President Trump announced this, per the Washington Post:

Trump administration announces mandatory quarantines in response to coronavirus

Announcement comes as U.S. airlines cancel flights to China amid growing fears

Mere days later, on February 4, President Trump delivered his State of the Union address, in which he said this:

Protecting Americans’ health also means fighting infectious diseases. We are coordinating with the Chinese government and working closely together on the coronavirus outbreak in China. My administration will take all necessary steps to safeguard our citizens from this threat.

And the reaction to that speech from the Pelosi Democrats?

Famously, when the president reached the end of his speech, Speaker Nancy Pelosi ostentatiously stood and ripped the speech in half. That doesn’t count the Democrat members who made a point of walking out on the speech or labeling it, as Pelosi did, a “pack of lies.”….

(READ IT ALL)

Coronavirus Lies Via Democrats/Media (UPDATED w/CONVO)

(Jump to UPDATE — a quick convo on Facebook)

He takes forever to get to the points… but they are good points. President Trump’s critics are using the natural fear of the coronavirus as a political weapon.

CONSERVATIVE TREE-HOUSE was on it! (Feb 2nd):

In response to an escalating spread of the Coronavirus President Trump initiated a suspension of entry visa’s for persons traveling from China:  “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People’s Republic of China, excluding the Special Autonomous Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited” [link].

The travel restrictions went into effect at 5:00pm today.  Essentially President Trump is putting the health of Americans first. However, in an effort to politicize the Coronavirus, presidential candidate Joe Biden says travel entry restrictions are “hysteria, xenophobia and fearmongering”:

[…] “We have, right now, a crisis with the coronavirus,” Biden said in Iowa Friday. “This is no time for Donald Trump’s record of hysteria and xenophobia – hysterical xenophobia – and fearmongering to lead the way instead of science.”  (more)

And just like that Democrats become the party of pro-virus….

TREE-HOUSE points out with a link to the January 31st proclamation, that on this date (again, January 31st), the February ban was put into motion.

The NEW YORK POST has a good piece showing all the maligning when Trump got a jump on the virus… and now they are saying he waited too long — WHICH IS IT?

It’s a unique set of characteristics showing that President Trump understood early the need for decisive measures such as travel restrictions on China, which he imposed in January.

Yet for that sensible decision — in defiance of the World Health Organization — he was criticized by Democrats such as Joe Biden as xenophobic, and by China as racist.

“This is no time for Donald Trump’s record of hysteria and xenophobia — hysterical xenophobia — and fearmongering,” said Biden the day after the travel restrictions were imposed.

CNN ran a story warning that “the US coronavirus travel ban could backfire” and have the effect of “stigmatizing countries and ethnicities.”

The Chinese Communist Party’s official mouthpiece, the People’s Daily, called the ban “racist.”

WHO Director-General Tedros Adhanom Ghebreyesus warned it would increase “fear and stigma, with little public health benefit.”

[….]

At the press conference with Trump on Saturday, Dr. Anthony Fauci, the highly respected head of the National Institute of Allergy and Infectious Diseases, praised the “original decision that was made by the president … [that] prevented travel from China to the United States.

“If we had not done that, we would have had many, many more cases right here that we would have to be dealing with.”

Trump’s travel restrictions began on Jan. 31. Australia and Singapore instituted their own travel limits the next day. Trump’s move bought valuable time to slow the spread of the virus and ease pressure on the nation’s health system before a vaccine is developed — which experts believe is at least 18 months away.

But that hasn’t stopped the barrage of fake criticisms, including that Trump had left the nation dangerously unprepared to cope with a pandemic by cutting funding for the Centers for Disease Control and Prevention.

Not true. The CDC’s programming budget increased from $7.2 billion in 2019 to nearly $7.7 billion this year, the Associated Press fact-checking unit reported. Trump had proposed a cut, but Congress rejected it.

It’s reprehensible for the Democrats to make political hay by blaming Trump for the coronavirus or, as a New York Times op-ed piece called it, “Trumpvirus.”

In an editorial Saturday, the Gray Lady also reiterated its debunked claim that Trump has “muzzled” Fauci.

Yet at Saturday’s 2 p.m. press conference — hours before the Times’ deadline — Fauci emphatically denied the claim.

“I have never been muzzled, ever, and I’ve been doing this since the administration of Ronald Reagan,” Fauci said. “I’m not being muzzled by this administration. That was a real misrepresentation of what happened.”

What shoddy journalism to publish such an incendiary, anonymously sourced claim, without at least including Fauci’s denial.

The anti-Trump narrative rolled on, with increasingly silly attacks. The Washington Post speculated that the coronavirus could be “Trump’s Katrina,” referring to Hurricane Katrina, the response to which had been bungled by President George W. Bush.

When Trump announced a coronavirus task force with the most eminent experts in the nation, CNN blasted him for a “lack of diversity.”….

The media and Democrats push false Trump coronavirus narrative.

AMERICAN THINKER runs some good Tweets by Steve Guest (You can find the entire Twitter thread HERE):

MUZZLED?! CUT FUNDING?!

When the AP fact-checks Democrats… you know its bad. More from an earlier AMERICAN THINKER article:

To set the stage, here are a few indisputable facts:

On January 31, 2020, as China confirmed that 259 people had died and there were about 100 cases reported outside of China, President Trump ordered that the U.S. would prevent foreign nationals who had recently visited China from entering the country. He also ordered quarantined American travelers who posed a high risk.  

Democrats called Trump a racist.

Democrats were worried that Trump’s germ phobia would make him issue even more and worse racist orders.

President Trump held a press conference during which (1) he was surrounded by government scientists who explained what was going on (2) he appointed Vice President Pence, a competent, experienced administrator, to be the White House point person on coronavirus efforts.

Democrats called Pence a killer.

Democrats also announced that henceforth they would call coronavirus “TrumpVirus” because Trump had appointed Pence to oversee the administrative end of dealing with coronavirus and because Trump said there was no need for panic.

Nancy Pelosi complained that Trump had waited too long to act, even though when she spoke not a single American had died.

Elizabeth Warren said that she would end the “racist” border wall by taking all wall funds and putting them into coronavirus research (never mind that, since time immemorial, sealing borders has been one of the prime ways in which governments have been able to protect their citizens from epidemic disease).

Trump stated during the rally in South Carolina that the Democrats’ unceasing and dishonest attacks against him for his handling of the coronavirus risk were their latest hoax.

The media reported that Trump had declared that coronavirus itself was a hoax, one of the most blatantly dishonest bits of reporting ever to come from the media.

Leftists are actively hoping that coronavirus causes so much economic disruption that it will hurt Trump politically – never mind that it will also hurt ordinary Americans….


Facebook Back-N-Forth


A “Never Trumper” friend responded to the following post by me:

(hat-tip to JONATHAN SARFATI) President Trump’s TV press conference:

  • State of emergency declared in the US. $50 billion in aid available and states urged to set up emergency centers.
  • Laws waived to allow greater availability of hospitals and clear beds for urgent cases—i.e. hospitals can move elderly patients from hospitals to nursing homes more quickly.
  • Partnership with private sector to test for coronavirus more quickly (results within 24–36 hours). But he says only people should only take tests if they actually have cause to think they have it.
  • In discussion with pharmacies to make drive-through tests available. Google is developing a website to help people determine whether testing is warranted and direct people to the nearest testing location.
  • Large retailers are partnering with the administration to fight coronavirus by keeping the supply chain as intact as possible.
  • One said, “We are normally competitors, but today we are all working together to fight this virus.”
  • Student loan interest is waived indefinitely.
  • Secretary of Energy instructed to buy strategic reserve of crude oil as the price is very low.
  • Unified decisive action to combat coronavirus is imperative.
  • Coronavirus is now in 46 out of 50 states. Important to look after senior citizens and those with pre-existing chronic conditions.
  • Nursing homes restricting all visits except for essential staff and end of life situations.

His response was thus:

To which I responded thus:

Since I cannot view behind a pay wall. What is the date of that article JIM G? Important information for me to confirm Fact Check rating it half-true. Out of curiosity… what would have been done different with this “official” was there?? (I THEN LINKED TO THIS POSTThree weeks after it was identified Trump slowed the inflow of it drastically? (<< Against the advice of his Cabinet)

This would have been different?

That is the problem with government once something is put in place, it never is tore down after it (a) fails, or (b) succeeds in its proposed goal. The Trump Admin is different

JIM G. >>>

In reality, the pandemic expert — Rear Adm. Timothy Ziemer — left the National Security Council (NSC) voluntarily after then-National Security Advisor John Bolton was appointed.

Bolton disbanded the unit that Ziemer was supervising as part of an effort to downsize the bloated NSC staff. The purpose of the unit, which had overseen the global fight against Ebola, had largely been fulfilled.

It is true that Ziemer and his unit have not yet been replaced….

(BREITBART)

It still should not be put in place, and more of the NSC should be disbanded. And?


A Couple Text Responses


This was in response to someone basically saying Trump got in the way of experts, and that he should just keep his mouth shut:

Dr. Fauci was interviewed at 3am the other morning [March 24th] (10 minutes of you time:DR. FAUCI INTERVIEWED BY WMAL) and the MSM hasn’t referenced his statements once. Also the quote you are probably referring to is this one: when he was asked if he was worried about this becoming a pandemic:

  • “No, not at all. We have it totally under control,” Trump said. “It’s one person coming in from China, and we have it under control. It’s going to be just fine.” (Jan. 22)

This was essentially three weeks after the first Chinese case was announced, and only 10-days after China shared the genetic information of the virus. (The first American known to have it was January 21st.) So I think you may be wanting something from the President that you wouldn’t expect from another. (In contrast to the below excerpted timeline) Trump ordered all flights from China halted January 31st.

By the time he declared a state of emergency (March 13), we had had 49 deaths by that time. It took the previous administration till there were a thousand Americans dead to declare an emergency. I think this is an “orange man bad” scenario. You should listen to Dr. Fauci’s wise words. 

And in another text stream I responded to the idea that South Korea did more tests with a note from a friend via Facebook:

Trump said the US did more testing in 8 days than South Korea did in 8 weeks. Because this is literally true (we did 360,000 in 8 days to their 350,000 in 8 weeks), Politifact decided that “more testing” meant per capita so they could claim it was false.

 

Obama Scandals and Impeachment

With Trump’s impeachment trial underway, Larry decides to look back at two scandals from Barack Obama’s presidency: the IRS and Fast & Furious scandals. Larry discusses whether these incidents were impeachable or not.

Rand Paul’s Question Rejected… Again

Kentucky Senator Rand Paul’s whistleblower question blocked in Senate impeachment trial by Chief Justice John Roberts. (Watch that moment HERE)

LEGAL INSURRECTION adds some thoughts to this:

So do people know the whistleblower’s identification? If not then let Paul ask his question.

Chief Justice John Roberts once again rejected a question from Sen. Rand Paul (R-KY) since it supposedly names the impeachment whistleblowereven though supposedly NOBODY knows the identification of the whistleblower.

He asked: “Are you aware that House intelligence committee staffer Shawn Misko had a close relationship with Eric Ciaramella while at the National Security Council together and are you aware and how do you respond to reports that Ciaramella and Misko may have worked together to plot impeaching the President before there were formal house impeachment proceedings.”

POWERLINE continues with Rand Paul’s question rephrased (<< video at link):

  • I believe that Senator Ron Johnson rephrased the question Senator Paul submitted to Chief Justice Roberts as set forth in the adjacent post. Chief Justice Robert having declined to read the question, Senator Johnson gave it another go. The question alludes to the RCP columm by Paul Sperry that we also published last week in “Whistleblower overheard.” Not surprisingly, Chief House impeachment manager and House Intelligence Committee Chairman Adam Schiff declines to answer the question.

 

Patrick Philbin – Impeachment

Patrick Philbin is Deputy Counsel to the President and Deputy Assistant to the President in the Office of White House Counsel and is one of the lawyers on the White House legal team that is presenting the President’s defense. I particularly like that he clerked for my favorite US Supreme Court Justice, Clarence Thomas. (RED STATE)

Pat Cipollone – Impeachment,

POWERLINE – “The and Now”:

If there is anything in the sordid impeachment saga that is laugh out loud funny, the video compiled for White House Counsel Pat Cipollone’s closing argument on behalf of President Trump in the Senate this afternoon might be it (below). In the video somebody seems to have opened the door of the Dem clown car — the car carrying the once and future Dem clowns — and sent them out to perform. On Twitter Mollie Hemingway notes: “The laughter at the end is from Senators…”

Quotable quote (Chuck Schumer): “I expect history will show we’ve lowered the bar on impeachment…My fear is that when a Republican wins the White House, Democrats will demand payback.”

Pam Bondi – Impeachment

Pam Bondi, the former attorney general of Florida who is a member of the Trump impeachment legal team, outlined on Jan. 27 the concerns she said the president had about potential corruption on the part of the Bidens in Ukraine. Bondi pointed to numerous news reports raising questions about Hunter Biden’s appointment to the board of Ukrainian energy company Burisma.