General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHas there been ANY law enforcement reaction, at all, ...
...to trump's public and blatant threat of his intention to cause nationwide "bloodbath" if he isn't elected?
Sure, they can bicker over whether his exact words communicated an clear threat, but that's really for the courts to decide as they consider his past actions involving Jan 6.
Can law enforcement do NOTHING now to protect the safety of citizens?
Edit to add: After a long day of discussion in this thread, with some responses that are surprising for DU members, I think this video from Glenn Kirschner answers my question;
https://m.
Thanks to Rhiannon12866 for this OP: https://democraticunderground.com/132216338
gab13by13
(31,620 posts)The threats have to be specific and actionable.
Think. Again.
(22,456 posts)...I don't want to confuse hate speech with communicating threats (two different topics), my question is ...doesn't law enforcement have some latitude when it comes to stopping a violent crime when it's intention is publicly announced beforehand?
onenote
(46,054 posts)Even a wannabe dictator still has first amendment rights. His blather, which is what it is, doesn't amount to incitement or a threat under the first amendment standards.
paleotn
(21,823 posts)See Marcus Tullius Cicero and the Catilinarian Conspiracy to overthrow the Roman Republic. Is it necessary on rare occasions to seek extra judicial means in order to preserve rule of law and democracy? Cicero thought so.
Or we could go all idealist and run a much higher risk of losing forever what we hold dear. Idealists might feel they at least have a clean conscience.....while sitting in a concentration camp. In that case, what's the point of a clean conscience? Similarly, I wonder if there's some in Russia who wish they'd just wacked Putin when they had the chance. 20/20 hindsight, but still.
onenote
(46,054 posts)Would the administration order law enforcement to surround the next Trump rally and arrest everyone who attended it and charge them with something? And then lock them up somewhere. And if folks show up at another Trump rally, with or without him in attendance, do the same thing and the over and over until they no longer publicly profess their support for Trump.
Or is there some other "extra judicial means" you would support?
paleotn
(21,823 posts)Are there times when we have to step outside the rule of law in order to protect rule of law? Or do we just ignore pragmatism completely, stay idealistic and run a much higher risk of losing everything? It's quite a conundrum.
Really, there's only a handful of people this might impact. Trump and some of his close circle. Leaderless movements often soon die. Particularly a movement like this, made up of people who want to be led and told what to think. Doubtful there's many with the chops to effectively pick up the reins.
triron
(22,240 posts)Look what Neville Chamberlain accomplished with Hitler by 'being nice '.
Metaphorical
(2,605 posts)> Doubtful there's many with the chops to effectively pick up the reins.
Trump cut DeSantis off at the knees, and he was really the only GOP politician I could see that had any potential of picking up the MAGAT hordes. Abbot, possibly? Nikki Haley, in comparison, had to play to the MAGAT crowd, but she doesn't strike me as being authoritarian enough for the Horde.
The problem with arresting agitators is that it makes them martyrs. Putin may have made a big mistake in arresting then killing Navalny. He made Navalny a martyr and empowered Navalny's wife to become an opposition leader in exile. It's one reason that I think it unlikely that Trump will be found guilty and arrested before the election. It would make him a martyr, and for all that I think he's slipping into senescence, in many respects a senile Trump from prison would be a godsend to the GOP, as they can use the symbol of Trump the persecuted without actually having to bring the guy out in front of the camera - no more messes to clean up.
yagotme
(4,135 posts)If you step outside the rule of law, to protect the rule of law, you gave just destroyed that which you wish to protect.
Think. Again.
(22,456 posts)...to a rather mundane process.
People who are charged with communicating a threat are usually just arrested, charged, and booked.
PufPuf23
(9,724 posts)Wednesday, 13 March 2024, 11:46 am Staff; RedheadBlackBelt
On Jan. 8, 2024, the Humboldt County Sheriffs Office received a call from an individual reporting he and his son had received several threatening and Anti-Semitic messages on social media.
Upon further investigation, it was determined that the messages were sent from 33-year-old Daniel Epperson. An arrest warrant was issued for Epperson on March 5, 2024.
https://kymkemp.com/2024/03/13/hcso-says-arcata-man-arrested-on-charges-stemming-from-online-threats-and-antisemitic-messages/
Pile of bullshit that Trump has not been arrested multiple times at this point.
We are being played because our government and society have so many imbedded that are complicit.
MSM grooms.
Perception is that we have already lost even if POTUS Biden is re-elected.
Marthe48
(22,855 posts)without going outside of our democratic system.
If traitor is disposed of, like head first, or feet first, I think there will be a power vacuum. It'll take awhile for rwnj to find someone as horrible as traitor. They have to find a pos that not only is venal, soulless, cruel, hateful, and wanton, but can attract the same flaws in a large number of rwnj with the same lack of character.
Karadeniz
(24,731 posts)WarGamer
(18,318 posts)And the irony is... Cicero ended up at room temperature with his hands and head displayed in the Forum.
By extrajudicial means.
stopdiggin
(15,163 posts)Which multiple posters are trying to tell you does not exist by any reasonable measure with this statement.
Now you can argue that the legal standard should be more expansive, or tailored or hewn (and good luck there). But as it stands it is not (and with eminently good reason). But the question put was, "can't LE do something .." And with regards the stumbling and hashed words of this weekend - the answer is clearly, "No."
sop
(17,905 posts)"Former President Donald Trump claimed that he not President Biden will protect Social Security and warned of a 'bloodbath' if he loses in November as he campaigned for Senate candidate Bernie Moreno in Ohio."
https://www.cbsnews.com/news/ohio-campaign-rally-trump-says-there-will-be-bloodbath-if-he-loses-november-election/
Trump's defenders will say he used "bloodbath" in a political or economic context, that Trump was warning of the disastrous political and economic effects of not protecting SS.
Think. Again.
(22,456 posts)...and I saw the video, trump was rambling about car manufacturing when he started to suggest that when he is elected things in that industry would change.
As an aside to that topic, he said that if he isn't elected, there would be a bloodbath in this country.
Walleye
(44,039 posts)sop
(17,905 posts)Trump believes it provides him plausible deniability.
Walleye
(44,039 posts)sop
(17,905 posts)PufPuf23
(9,724 posts)qualms about killing and intent to kill innocent people in his statements.
pwb
(12,549 posts)and will act on any threat. Trump has no real standing with law enforcement either way. He is not what he thinks he is this time around.
Think. Again.
(22,456 posts)...isn't it up to the various law enforcement agencies to "keep the peace"? I don't think the office of President is involved in crime prevention.
pwb
(12,549 posts)and under estimate Joe Biden. IMO.
Think. Again.
(22,456 posts)And I haven't spoken about Biden.
Captain Zero
(8,807 posts)Why would they not?
Think. Again.
(22,456 posts)...and this one was made extremely publicly.
onenote
(46,054 posts)Think. Again.
(22,456 posts)onenote
(46,054 posts)He'll say he was referring to the economy. And that will be it, except he'll be able to rant and rave about the weaponized DOJ going after him for protected political speech.
Think. Again.
(22,456 posts)...but my question remains, is there anything that can be done to protect public safety after trump has communicated this credible threat?
Polybius
(21,625 posts)Think. Again.
(22,456 posts)For 2 reasons:
1. According to Brandenburg v. Ohio, the threat must be "imminent" and he has scheduled this threat for after the election months from now.
2. He expressed his call for violence by his minions as a thought and not a direct message such as "stand back and stand by".
Polybius
(21,625 posts)Turns out, that was legal. You can hope someone dies, but you can't call for anyone's death (unless they were Saddam Hussein or Osama bin Laden, because it seemed like everyone was calling for their execution at one time).
Response to Polybius (Reply #87)
Think. Again. This message was self-deleted by its author.
Think. Again.
(22,456 posts)...We know, and trump knows, that trump followers will commit violence base on his dogwhistles. Many who have been convicted of violence on Jan 6 attested to that in court.
Based on that knowledge, a reasonable person can conclude that this latest statement from trump is indeed a call for violence when certain conditions are met (his election loss).
et tu
(2,387 posts)joe is and i agree with you, i trust the dems in charge
to do what is necessary. remember pelosi pushing forward with
the electoral count? we just need the big blue tsunami and make
our votes count. no doubt rw will try something but it won't be on
the scale of j6 imho~
doc03
(38,930 posts)Think. Again.
(22,456 posts)doc03
(38,930 posts)GiqueCee
(3,618 posts)... they'd rather quibble over semantics than prepare for the inevitable disruption. I mean, it's not like he's ever done anything like this before, is it? Ummm... wait a minute.
Cable news channels are undoubtedly frothing at the mouth hoping he and his shitgibbon cult go totally psycho. If it bleeds, it leads. Think of the ratings!
DiverDave
(5,227 posts)Former CEO of CBS said trump would be bad for the country, but great for CBS.
It's always about the money, always.
GiqueCee
(3,618 posts)... in a reply to another OP on the subject.
I am astounded that so many people even here on DU are making excuses for this psychopath. He's shown us time and time again exactly who, and what, he is. It's the only time I would say, believe him.
onenote
(46,054 posts)It wasn't a threat. It was hyperbole. Even for a wannabe dictator, there still is a first amendment in this country. And while it won't be a popular view here, taken in the context of the speech, it was a reference to the economy.
Think. Again.
(22,456 posts)...his threat of a bloodbath if he isn't elected was not a continuation of the previous thought he was expressing on the topc of the auto industry, it was thrown in on the specific topic of his being elected or not.
onenote
(46,054 posts)At best it was ambiguous and law enforcement isn't going to do anything about ambiguous political speech that doesn't violate any laws. It's not an actionable threat, it is not an incitement to imminent action.
What law enforcement should be doing -- without regard to Trump's blather -- is following up leads, relying on undercover sources, etc. to sniff out any actual plans of violence before, during or after the election.
Think. Again.
(22,456 posts)...because that sounds like the answer to my original question.
stopdiggin
(15,163 posts)GAJMac
(259 posts)"WILL law enforcement do anything now to protect the safety of citizens?" (I tend to believe that quite a few in law enforcement and the military are followers of the cult of Trump)
enigmania
(415 posts)action lawsuit for causing excessive anxiety.
Think. Again.
(22,456 posts)onenote
(46,054 posts)It just isn't. Yet, i've seen numerous posters here advocate for "extra judicial" action against Trump and his supporters, including hauling him to Guantanamo without charging him with any violation of any law.
Think. Again.
(22,456 posts)But as to the question that seems to be raised about why the DOJ is being overly cautious because they would have to jail him somewhere, Guantanamo does make sense.
Ocelot II
(129,722 posts)Think. Again.
(22,456 posts)Ocelot II
(129,722 posts)Think. Again.
(22,456 posts)...I feel I can reasonably assume that his minions will be targetting me when they eventually act on his call for a bloodbath if he loses the election. So, MY life has been publicly threatened, and I don't think I'm alone in that reasonable assumption.
AZSkiffyGeek
(12,744 posts)Think. Again.
(22,456 posts)...whether or not you believe me, there's no doubt that there are people who will be targetted by local trump minions as soon as they get the signal from trump.
As so many already have been.
onenote
(46,054 posts)if he loses.
Think. Again.
(22,456 posts)...is a good way to reduce the effect.
onenote
(46,054 posts)will calmly accept it if he's taken to Guantanamo now? Do you really believe that?
Think. Again.
(22,456 posts)...carefully orchestrated, multi-pronged, and well-supported plan he is putting in place.
onenote
(46,054 posts)And while you are at it, please post it here as well.
Think. Again.
(22,456 posts)...I would already be an employee of the DOJ, since they are responsible for the safety of the public.
If you honestly don't believe trump and his crew are not planning to try again a second time, I don't know what would convince you.
Response to AZSkiffyGeek (Reply #99)
Ponietz This message was self-deleted by its author.
Emile
(41,369 posts)For a list of laws Trump broke click here: https://www.pbs.org/newshour/politics/the-jan-6-committee-says-trump-broke-these-laws-heres-a-guide
Ocelot II
(129,722 posts)openly and without violating the Constitution. They issued subpoenas and held hearings. They made recommendations. However, they were not an arm of law enforcement in the first place and didnt exceed their authority.
Emile
(41,369 posts)Lock the bastard up!
Ocelot II
(129,722 posts)Emile
(41,369 posts)In the meantime we have a terrorist openly running for president.
PufPuf23
(9,724 posts)Local to my county, a man was arrested 4 days ago for making threats in social media. Took local LE over two months to investigate. Could be because antisemitic threats.
Ocelot II
(129,722 posts)In Ohio, where the statement was made, the statute concerning terroristic threats, Section 2909.23, says:
(1) The person makes the threat with purpose to do any of the following:
(a) Intimidate or coerce a civilian population;
(b) Influence the policy of any government by intimidation or coercion;
(c) Affect the conduct of any government by the threat or by the specified offense.
(2) As a result of the threat, the person causes a reasonable expectation or fear of the imminent commission of the specified offense.
Arguably paragraph 1 could apply (assuming the definition of specified felony offense could include something as vague as a "bloodbath" ) but was there "a reasonable expectation or fear of the imminent commission" of a bloodbath? I don't think so. The statute follows the Brandenburg v. Ohio requirement that there be a reasonable expectation of imminent lawless action. If you're going to advocate for imprisoning people for speech, even abhorrent speech, you'd better have a legal reason for it.
Think. Again.
(22,456 posts)...various Jan 6 convicts who attested in court that trump's statements such as this one incited them to commit that violence, then yes, there is...
"...a reasonable expectation or fear of the imminent commission" of a bloodbath... "
Ocelot II
(129,722 posts)Was anyone made to fear an imminent (meaning right now, not at some unspecified time in the future - presumably after November and only if he's not elected) bloodbath, whatever he meant by a bloodbath? I read the remark and I was appalled, as I am often appalled by Trump, but I'm not fearing an imminent bloodbath.
Think. Again.
(22,456 posts)Ocelot II
(129,722 posts)In a way I hope he keeps saying increasingly horrible things; maybe more people will start to realize what a lunatic he is. I don't think his hard-core MAGA cult members will care (they probably love it), but others still on the fence might see the light.
Think. Again.
(22,456 posts)...EXTRAjudicial action to be taken.
People's lives are stake.
Ocelot II
(129,722 posts)Think. Again.
(22,456 posts)Ocelot II
(129,722 posts)From A Man For All Seasons:
Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
William Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!
When we agree to cut down the law we have no protection at all. We are as bad as they are.
Ponietz
(4,229 posts)Its rule of law or nothing for me. Extrajudicial remedies are out of the question.
onenote
(46,054 posts)Wrong. It would make it even worse, since more of his followers who might accept his defeat at the polls will react violently to his being locked up without a trial or conviction and prevented from campaigning.
limbicnuminousity
(1,415 posts)What you wrote sounds true. On the other hand:
https://www.salon.com/2024/02/01/right-wing-violence-hasnt-disappeared-its-just-gone-local/
Right-wing violence hasn't disappeared, it's just gone local
https://www.theguardian.com/us-news/2023/sep/30/man-maga-hat-new-mexico-shooting-charged
Man in Maga hat charged over shooting of Indigenous activist at statue protest
https://www.theguardian.com/us-news/2024/mar/07/daniel-rodimer-arrest-murder
Trump-backed former congressional candidate arrested for murder
Daniel Rodimer, 45, was booked in connection with the slaying of 47-year-old Christopher Tapp, who was reportedly beaten to death in Resorts World Las Vegas on 29 October.
https://www.nbcnews.com/news/us-news/michigan-man-killed-wife-went-rabbit-hole-conspiracy-theories-trumps-2-rcna47701
Michigan man who killed his wife went down a 'rabbit hole' of conspiracy theories after Trump's 2020 loss, daughter says
https://www.thedailybeast.com/barry-morphew-was-accused-of-murdering-his-wife-and-casting-her-vote-for-trump-but-prosecutors-stumbled
How a Husband-Wife MAGA Murder Saga Descended Into Chaos
When does preemption become self-defense?
stopdiggin
(15,163 posts)any (tenable) proposals - that don't trammel all over rights and innocent citizens?
limbicnuminousity
(1,415 posts)Nobody wants "thought police." Yet the situation is untenable.
The real long term solution, I think, is to split the country. It's unrealistic and won't happen but it would prevent a mess down the road (imo). I suspect the country is heading towards Balkanization within the next 50 years if something isn't done now to address the polarizing divide in the US. It's a moot point though because it will never be seriously considered. If you think that's a crazy notion, consider the anticipated impact of climate change. Immigration is going to accelerate, disproportionate demands are going to be placed on national resources as climate catastrophes annihilate the South and West Coast, evangelicals are going to insist on saving every zygote in anticipation of the resurrection/apocalypse, and rich assholes in gated communities will increasingly rely on private mercenary forces for their own security. I worry for the younger generations.
Imprisoning 30% of the Republican base, delightful as it is to contemplate, is unrealistic. Also unnecessary. The glue that holds them together is a blend of hatred and fear drawn into sharp focus by Trump. He's the political avatar of humanity's worst instincts whose rise to office was only made possible by inherited wealth. Destroy Trump and a select few members of the Republican leadership and the 'movement' goes back into hibernation.
The question becomes "how do we do that within certain ethical constraints?" Normally, voting and relying on the judicial system is the responsible answer. But the voting process and the electoral system has been compromised and is susceptible to further compromise. The judicial system is broken and corrupt.
I'd like to see the DOJ (and IRS) truly unleashed with prejudice to investigate everything Trump as well as many members in the Republican leadership.
I'd like to see an end to lifetime appointments for justices and the implementation of a judicial ethics review panel that includes apolitical review members to take a look at things like Clarence Thomas's personal finances.
And I'd really like to see Trump, Paul, Biggs, Greene, DeSantis, Boebert and Tuberville among others arrested and held for suspicion under conspiracy charges. What conspiracy? Take your pick. One place to start might be the assault weakening military readiness by blocking promotions and preventing an inquiry into the prevalence of Nazi-ism in the US military.
How much of that is feasible is debatable. But it stops short of going extra-extra-judicial.
Have to stop short, family minor emergency.
TexasDem69
(2,317 posts)Against Republicans? Thats the exact thing Trump claimed has happened. It hasnt, and it shouldnt. Thats exactly how a banana republic operates.
And you want to imprison republicans for whatever crime we can fabricate? Again, a banana republic.
I absolutely and completely reject this sort of despotism, as would President Biden, President Obama, etc., etc.
limbicnuminousity
(1,415 posts)No, I commented on targeting specific Republican leaders who have consistently and repeatedly shown signs of acting against American interests. Sorry you don't see that. If they want to hang out with and advance the ambitions of individuals like Stewart Rhoades or Enrique Tarrio and then conspire to prevent the investigation of neo-Nazi influences in law enforcement or the military, they should be locked up and investigated. They conspired to overthrow the election and they've conspired to protect the insurrectionists from being held accountable. They're conspiring now to control the election outcomes later this year.
Yes, I would like a forensic audit to determine what funds are coming from Russian sources. Yes, if they're conspiring to subvert the election outcomes of the nation they should be held accountable. And they've repeatedly shown cause for suspicion to justify it.
You keep making sure we're treating them fairly though, there's obviously not enough forces at work to that end.
yagotme
(4,135 posts)"Everything Trump" can mean supporters, as well. "Everything" being all-inclusive, as it is...
limbicnuminousity
(1,415 posts)I meant "everything Trump" as in every single thing he's got his grubby little fingers in. Foreign ties. Mafia ties. Conspiracy. Search all of his properties for missing classified documents and stolen White House silverware.
If I meant his supporters I would have referred to "his supporters," "MAGA-types" or "MAGAts."
yagotme
(4,135 posts)I can see where the other poster could have had a similar interpretation to mine.
limbicnuminousity
(1,415 posts)I also like everything liberal and all things progressive, if that clarifies matters.
yagotme
(4,135 posts)Sometimes the forest is hidden by the trees.
stopdiggin
(15,163 posts)listen to yourself .. !
Think. Again.
(22,456 posts)yagotme
(4,135 posts)Think. Again.
(22,456 posts)yagotme
(4,135 posts)Not by the way Drumph does it. We would be no better than him if we used the same illegal means that he does.
Think. Again.
(22,456 posts)onenote
(46,054 posts)Look, like many here, I'm concerned that if he is defeated, his followers will react violently. I had that concern before his "bloodshed" remark. But if you think his followers are inclined to violence if he loses, you should be equally, if not more concerned that locking him up via extra judicial action, preventing him from campaigning, will cause those same people -- and maybe more -- to react violently.
Think. Again.
(22,456 posts)It's clear when you read my posts on this side thread that I'm not advocating for anything illegal or immoral, or unethical.
I simply mentioned that I am beginning to understand how this frustrating and dangerous situation can lead to thoughts of an extrajudicial solution to trump's dangerous activities.
You're trying to frame me as some kind of violent vigilante and I don't appreciate that.
Thanks for your input on the OP but let's stick with reality.
stopdiggin
(15,163 posts)and would be laughed out of any court in this country.
(excuse .. any decent court .. unfortunately we have some real clown shows out there .. but by any reasonable and recognized standard of jurisprudence .. this doesn't even make it through the door.)
Think. Again.
(22,456 posts)...as it applies to charges, IS indeed considered by courts.
PufPuf23
(9,724 posts)Look at post #131, local to my county. Threats over social media. Took LE over two months to investigate.
malaise
(294,130 posts)Enough of this madness
Ferrets are Cool
(22,599 posts)Prove me wrong.
RussBLib
(10,464 posts)...until he actually shoots someone?
Past BS is no guarantee of future BS, or something like that.
Ferrets are Cool
(22,599 posts)that's the thing.
BlueKota
(5,137 posts)The fact that the Supreme Court even thinks that there is enough of an argument to debate whether a President has full immunity or not, means at least some of them are leaning that way. Otherwise they would have just outright said no they don't.
BumRushDaShow
(167,111 posts)But as many of us who get pummeled with hateful racist, antisemitic, sexist, homophobic, and transphobic speech are told - "it's the First Amendment".
rubbersole
(11,112 posts)Legally, morally, financially and mentally he has nothing left. It's beyond disturbing that anyone still listens to this psycho deteriorating pos.
Think. Again.
(22,456 posts)...my question is if any public safety agency can do anything to stop that from happening.
onenote
(46,054 posts)They can and should be monitoring social media and other lines of communication used by Proud Boy-type groups to plan and organize violent activity.
Think. Again.
(22,456 posts)...we know from previous experience, that HE knows that these dog whistles of his do work to incite his followers to violence, some have even admitted that in court, hopefully the justice system will be able to use those facts to legally stop him from communicating even more violent threats, since his "speech" could now be considered a credible threat.
rubbersole
(11,112 posts)Let's find out rather than fret about it. This fear
strategy needs to end now while it's tsf/putin causing this division/angst in our country.
Think. Again.
(22,456 posts)...shouldn't happen because it might make people afraid of those threats?
onenote
(46,054 posts)And his statement doesn't meet the legal test: a serious expression conveying that the speaker means himself or herself to commit an unlawful act of violence. Nor does it meet the test of inciting others to commit violence, because incitement requires an intent to produce "imminent" disorder.
Think. Again.
(22,456 posts)...as a time right after the election he can do it. The election isn't "imminent".
rubbersole
(11,112 posts)The nuts that would actually commit violence against other Americans are a very tiny segment of the magat crowd. Police response is probably preferable to what will actually happen. You've heard the gun owner's mantra "A good guy with a gun..." ? Let's just say - I know a lot of good guys.
Think. Again.
(22,456 posts)rubbersole
(11,112 posts)There is not a magat with a gun ready to go around every corner. Not in my area and I live in Edgewater, FL. Not blue country. The violence threat is very real. Just miniscule. And not going to unleash itself because slobby is getting his ass handed to himself in an election.
Think. Again.
(22,456 posts)...mine is to try to stop it from starting.
onenote
(46,054 posts)Or should we just round them up and hold them indefinitely without charging them?
Think. Again.
(22,456 posts)...but thank you for trying to answer my OP question.
bluestarone
(21,632 posts)That's how it should be.
Think. Again.
(22,456 posts)...and preventing harm in the protection of public safety is a common process for law enforcement agencies.
bluestarone
(21,632 posts)I hate this bastard as much as anybody here, BUT that's not how our laws work.
bigtree
(93,722 posts)...with a really dumb take on the law regarding speech.
In Brandenburg v. Ohio, 395 U.S. 444 (1969), the Supreme Court established that speech advocating illegal conduct is protected under the First Amendment unless the speech is likely to incite imminent lawless action.
Advocacy can be punished only where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
In Dennis v. United States (1951), the Court said that the correct interpretation of the clear and present danger doctrine allowed legislatures to decide what was dangerous; the courts in applying the clear and present danger test were simply to determine whether, on balance, the gravity of the evil, discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger. In fact, in Brandenburg, the Court cited Dennis as good law.
https://firstamendment.mtsu.edu/article/brandenburg-v-ohio/#:~:text=Ohio%20%281969%29%201%20Brandenburg%20was%20convicted%20for%20his,issued%20new%20%E2%80%98imminent%20lawless%20action%E2%80%99%20speech%20test%20
...there's absolutely nothing legally actionable about what Trump said, no matter how abhorrent.
Think. Again.
(22,456 posts)...is there anythng that can be done to hold trump accountable for illegally communicating a threat and endangering public safety?
onenote
(46,054 posts)As Justice Kagan pointed out in an opinion she authored last year, to be a "true threat" is a statement must constitute a "'serious expression' conveying that the speaker means to 'commit an act of unlawful violence.'" Trump's statement doesn't meet that test, particularly because he isn't saying he will commit an act of violence. And it doesn't constitute "incitement" to others to commit violence under the law for a variety of reasons, not the least of which is that incitement requires that the words in question be intended to produce "imminent" disorder. And ambiguously predicted what will happen eight months from now if he loses the election doesn't come close to meeting that standard.
Want to hold Trump accountable? Get out the vote.
Think. Again.
(22,456 posts)..but we know from past experience that his dogwhistles DO incite violence, there's a thousand people in jail for responding to his previoys dogwhistles, some of them have even admitted in court thatcs what happened, making this latest one a credible threat.
Ocelot II
(129,722 posts)Did he say "I will create a bloodbath"? No, he said "There will be a bloodbath," hyperbolically attributing some possible future occurrence to someone unspecified that isn't necessarily him. There was no incitement to "imminent lawless action," no direct, specific threat. Stochastic terrorism-adjacent, maybe; he's good at being vague enough to stay just within the limits of protected speech. But it is protected speech, at least so far. It's disturbing to me that so many people seem to think it isn't and are looking for some immediate law-enforcement action.
ecstatic
(35,032 posts)He's not a regular guy just talking shit. He's a criminally charged defendant with 88 felony counts, many of which pertain to his violent attempt to overthrow the last election. The conditions of him staying out of jail pending trial are that he abides by certain rules and norms. Those norms would be enforced with any other defendant.
(3) The Defendant shall appear in court as directed by the Court. Jd.
(4) The Defendant shall perform no act to intimidate any person known to him or her to be a codefendant or witness in this case or to otherwise obstruct the administration of justice.
Id. This shall include, but is not limited to, the following:
a. The Defendant shall make no direct or indirect threat of any nature against any codefendant;
b. The Defendant shall make no direct or indirect threat of any nature against any witness including, but not limited to, the individuals designated in the Indictment as an unindicated co-conspirators Individual 1 through Individual 30;
c. The Defendant shall make no direct or indirect threat of any nature against any victim;
d. The Defendant shall make no direct or indirect threat of any nature against the community or to any property in the community;
e. The above shall include, but are not limited to, posts on social media or reposts of posts made by another individual on social media;
(5) The Defendant shall not communicate in any way, directly or indirectly, about the facts of this case with any person known to him to be a codefendant in this case except through his or her counsel.
https://s3.documentcloud.org/documents/23921630/donald-trumps-bond-agreement.pdf
Rocknation
(44,998 posts)that will mark his third consecutive attempt to get more people to vote for him than against him
Rocknation
Ocelot II
(129,722 posts)Think. Again.
(22,456 posts)...communicating a threat is a chargable offense and with a previous history of successfully inciting violence, I think there is something that can be done to stop that violence from occurring after his publucly stated threat of it.
My question is, WHAT can be done?
Ocelot II
(129,722 posts)it meets the Brandenburg v. Ohio standard of raising a reasonable apprehension of imminent lawless action. Did that happen here? Did anyone actually think a bloodbath (whatever was meant by that) was imminent?
Think. Again.
(22,456 posts)...and I realize others may disagree, and I also realize that's why charges are brought before a court to decide.
You've answered my original question of whether anything can be done, he can charged under Brandenburg v. Ohio.
Thanks!
Ocelot II
(129,722 posts)will occur only if Trump isn't re-elected next November? If a "threat" of some unspecified action to be committed by unspecified people against other unspecified people is contingent upon something that may or may not occur eight months in the future, is that imminent? Don't think so.
Think. Again.
(22,456 posts)...and I've addressed that in post # 76.
ecstatic
(35,032 posts)rightwing terrorists accountable. The past few years have been very enlightening, and not in a good way.
He's currently out on bond in Fulton county and I believe he has violated the bond terms. But tRump gets a pass. He does whatever he wants to, whenever he wants to. No consequences.
Emile
(41,369 posts)onenote
(46,054 posts)Arrest Trump even though his statement doesn't constitute either a true threat or an incitement to violence as those terms are defined?
And if you think his supporters are going to resort to violence if he loses the election, how would arresting him reduce the risk of violence?
Emile
(41,369 posts)wanting Trump behind bars. .
onenote
(46,054 posts)who supports the rule of law.
And for the record, since you seem to need things spelled out, I want Trump behind bars for the actual crimes he has been indicted of committing.
Emile
(41,369 posts)For a whole list of laws start here: https://www.pbs.org/newshour/politics/the-jan-6-committee-says-trump-broke-these-laws-heres-a-guide
onenote
(46,054 posts)Emile
(41,369 posts)make terrorist threats against the United States.
onenote
(46,054 posts)He isn't considered a flight risk nor is he creating an imminent risk of violence.
Plus, if you think his blathering is inciting his followers to commit violence if he loses, what do you think they'll do if he's locked up before he's tried and convicted?
Emile
(41,369 posts)after he was released on bond after a not-guilty plea to election conspiracy charges. Surely they can find something to lock his ass up until his trial.
onenote
(46,054 posts)The only condition is that he not violate federal, state, or local law while on release. He hasn't been charged with violating any law while on release and, as discussed earlier, his "bloodshed" comment is neither an actionable "true threat" or an "incitement" to imminent violent action.
Again: if you're concerned about Trump's followers becoming violent if he loses -- and I am concerned about that whether or not he says anything about "bloodshed" etc -- then you should be very concerned about the violence that would follow if he was locked up without a trial or conviction and prevented from campaigning.
stopdiggin
(15,163 posts)without obtaining conviction or sentence? SWEET!
I think this 'Democrat' would prefer to do it the old fashioned way.
Emile
(41,369 posts)stopdiggin
(15,163 posts)so I would support neither charges nor jail there.
I think the classified records case will ultimately result in conviction (we'll have to see about jail) - and I'm less sure about some of the other cases (election tampering/subversion) - and now the NY/Bragg trial (which has been a bit of a mess for a while now). But I can wait! That's what observers do!
Emile
(41,369 posts)stopdiggin
(15,163 posts)or perhaps beating them up in the streets? Reeducation camps? Gottcha! Good luck with your extra-judicial endeavors! (but not really)
Emile
(41,369 posts)TexasDem69
(2,317 posts)And just want people in jail without a conviction. Thats not the way the rule of law works. And Democrats should defend the rule of law, regardless of what republicans do
Emile
(41,369 posts)except for maybe one or two in this thread.
TexasDem69
(2,317 posts)Trump hasnt been convicted of any crime. If youre calling for extra-judicial justice then youre no better than Trump. But since you refuse to clarify well just be left guessing I suppose
Think. Again.
(22,456 posts)...we want him prosecuted for the crimes we believe he has (and is) committing.
Emile
(41,369 posts)a start. For a whole list of laws he has broken start here: https://www.pbs.org/newshour/politics/the-jan-6-committee-says-trump-broke-these-laws-heres-a-guide
tritsofme
(19,842 posts)Emile
(41,369 posts)he tried to overthrow our government and have his Vice President murdered.
Polybius
(21,625 posts)He implied that he "thinks" there will be a bloodbath if he loses. Had he said that he'd call for one, it would be another story.
triron
(22,240 posts)Polybius
(21,625 posts)We've disagreed in the past.
stopdiggin
(15,163 posts)Like, "We meet here tomorrow morning - and if you don't have a weapon, we'll be passing out knives, guns and machetes."
GAJMac
(259 posts)All are equal in the eyes of the law. (Except Republicans. Like pigs, repubs are "more equal"
Runningdawg
(4,660 posts)Think. Again.
(22,456 posts)MorbidButterflyTat
(4,291 posts)President Biden is Commander-in-Chief.
If there are stray MAGAts in the military and/or law enforcement, losing their pensions and facing court martial, etc. might give them pause.
Runningdawg
(4,660 posts)Strays, um hmm....You do realize that MAGAts send their kids to the military so they can come home and train others?
orthoclad
(4,728 posts)Or the generals who helped plan the coup?
DBoon
(24,822 posts)... while the intended audience for these messages knows exactly what to do.
How many January 6 traitors tried to defend themselves by saying they were just doing what trump wanted them to do?
We wring our hands over the first amendment while the armed MAGATs are training with their firearms.
Lovie777
(22,250 posts)and shithole's cult, including but not limited to GQPs' point blank calling for the execution of Presidents Obama and Biden and Democrats. Where is corporate media? Yea right, covering for shithole.
Think. Again.
(22,456 posts)...my post is questioning what, if anything, can be done about this recent trump threat to 'this country' (as he put it).
usedtobedemgurl
(1,944 posts)Said it was in reference to the automobile industry. Heard it on Sirius and just got home, so have not had a chance to look it up. Whomever said it was derisive and said it would not stop Dems from taking it as a general threat. Had to look down to see if I was on the right channel.
Think. Again.
(22,456 posts)...he interrupted some babble about auto industry tariffs to say that.
usedtobedemgurl
(1,944 posts)Response to Think. Again. (Original post)
Post removed
Response to Post removed (Reply #147)
Think. Again. This message was self-deleted by its author.
Rhiannon12866
(252,149 posts)We need to remember that he's out on bail and he signed an agreement to be "detained" if he persisted in his attacks on judges, AG's, generals, members of Congress, and even court personnel. He's clearly putting all these Americans in danger, as he did with Capitol Police, Mike Pence and Nancy Pelosi on January 6th, so what's the hold up???
orthoclad
(4,728 posts)Like the FBI emails complaining about the Maralago raid.
Hold this thought: nearly all the people who we empower to carry lethal weapons - and use them at their discretion - are fans of Trump. Either because they're Reich-wingers or they think "he's got their back".
This worries me.
Think. Again.
(22,456 posts)...a solid number on the percentage of law enforcement officers who are trumpers, where they're concentrated, etc. If something big does goes down, that would be useful information.
orthoclad
(4,728 posts)useful as it might be.
Look at the J6. Some cops opened barricades and waved the crowd through. One cop took grinning selfies with the mob. While other cops fought for their lives against the mob.
In lieu of solid information, for our own safety we have to assume that LEO and the mil are riddled with magats.
