Trump defense to cite 'middle ground' between election 'fight' and inciting insurrection

[DonViejo]

Republicans want defense to clarify Trump's intention behind his Jan. 6 remarks and timing of response to insurrection

By Lindsey McPherson
Posted February 12, 2021 at 8:00am

The case President Donald Trump’s defense team will present Friday boils down to this: Trump made some inappropriate remarks, but none of his rhetoric, covered under the First Amendment, rises to the level of inciting the Jan. 6 insurrection at the Capitol.

The House impeachment managers “built sort of a false dichotomy,” Trump attorney David Schoen told reporters after House impeachment managers finished presenting their case Thursday. “There’s no middle ground, there is no possibility of thinking what he said maybe, you know, was inappropriate.”

Schoen, arguing there is indeed a middle ground between inappropriate and incitement, focused on the comments Trump made at the “Stop the Steal” rally outside of the White House on Jan. 6, in which he urged his supporters to “fight like hell” as Congress began its joint session to certify the election results.

“Under no circumstances could it be incitement,” he said. “It’s a powerful speech, but when he uses the word ‘fight’ most of the times during the [speech], it’s clear he’s talking about legislators fighting for our rights, people fighting to advocate. And you know everyone likes to overlook the word ‘peacefully’ in there.”

more
https://www.rollcall.com/2021/02/12/trump-defense-to-cite-middle-ground-between-election-fight-and-inciting-insurrection/

[Tom Rinaldo]

1. "everyone likes to overlook the word 'peacefully' in there."

That's because Trump designed it to be overlooked until now. One listless recitation of the word "peaceful" embedded early into a speech full of fire and brimstone and inclinations to fight like Hell because the very survival of our nation was at stake. No way was that crowd going to fixate on Trump's call to be "peaceful". Trump uttered that word so that he could point to it, win or lose, in the aftermath of his attempted insurrection, to deflect personal blame for any damage that was wrought on the nation if it succeeded, or to cover his own ass if it failed - exactly like his lawyers are now attempting.

[Wounded Bear]

2. How about the idea that when the election is over, the fighting should stop...

Just sayin'

[subterranean]

3. The speech was carefully calibrated

to walk right up to the edge of the line without crossing over it.

He wanted to use the crowd to do his dirty work while giving himself plausible deniability. Like a mob boss telling his henchmen to take someone "out for a ride." Trump, and whoever helped him write the speech, knew that he couldn't explicitly tell the insurrectionists to violently storm the Capitol and hang Mike Pence. But they got the message loud and clear. Cause and effect.

Also, I'm not sure the First Amendment applies to the President in his official capacity as head of the government. I'm no constitutional lawyer, but my understanding is that the First Amendment is intended to protect the people's rights from infringement by the government -- not the other way around.

[dalton99a]

4. +1. Trump is a master at mob-boss language

not just from watching the Mafia movies that he adores, but from his lifelong association with the mob (both American and Russian)