General Discussion
In reply to the discussion: If the SCOTUS votes to keep TFG on the ballot, [View all]Caliman73
(11,767 posts)There are A LOT of mafia members behind bars for killing people, extorting, etc... How many mafia bosses are behind bars? That is why RICO was put together as a set of laws. It is a lot easier to arrest and convict a person who broke a window and climbed into the Capital building chanting "Hang Mike Pence" than it is to convict someone who said, "You got to fight like hell or you won't have a country". This is why Mafia bosses never said, "Hey Tony, I want you to go over and put six bullets in Freddy the Fish's head and kill him." They said, "Hey Tony, I want you to handle this thing with Freddy the Fish." Without RICO type laws, Tony gets asked, "Did Don Gino tell you to kill Freddy the Fish?" and without actually lying, Tony can say, "Don Gino never ordered me to kill Freddy the Fish" because the words Kill, murder, shoot, etc... were never uttered. Trump didn't say, "I want you all to go over to the Capital building, break through the barricades bash in windows and assault whoever gets in your way so that you can disrupt the certification of the election".
Don't make me defend Trump's legal position. I think that he did engage in insurrection. He set the tone, lit the match, and set the people out based on what he knew were lies. HOWEVER, as I said. HE has not been convicted for Insurrection yet. This is what Smith and Judge Chutkan, and the DC Jury are waiting to determine.
If and when he is convicted, then parties can petition the Federal Court to have his name removed from the ballot across the country.
Imagine if that happens in August or September? Once Trump locks up the Republican nomination and the General election starts. It would be crazy, but interesting situation.