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Over the last four years Trump has repeatedly been denounced for acting as though he were above the law. We can't allow a supposed need for "unity" to confirm that he was right. (Photo: Shutterstock)
GOP Senators Said Trump Was Culpable, but a "Private Citizen" Now. Fine--Indict Him Like One.
Impunity is a disease that rots the rule of law.
Feb 16, 2021
In the wake of his second impeachment acquittal, Donald Trump proclaimed victory in what he called "the greatest witch hunt in the history of our Country."
Trump was acquitted. But the Senate hardly absolved him: A 57-to-43 majority concluded he had incited a riot.
Few if any of those who voted to acquit did so because they considered Trump innocent of the charge. Rather, after refusing to hold the trial while he was still in office, they relied on the technicality that Donald Trump is now "a private citizen."
All the more reason, then, to hold Citizen Trump responsible under criminal law for his effort to overthrow our democracy by force. Maybe it's time for him to face 12 jurors.
Many Republicans agree Trump was responsible for the sacking of the Capitol.
"There is no question, none," said GOP Senate leader Mitch McConnell, "that President Trump is practically and morally responsible for provoking the events of the day... A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags and screaming their loyalty to him."
Similarly, GOP House leader Kevin McCarthy concluded, "The president bears responsibility" for the "attack by mob rioters."
America must teach Donald Trump that he is not above the law -- and that his impunity has finally come to an end.
Donald Trump whipped up his supporters, including violent white supremacists he had previously instructed to "stand by," and incited them to march to the Capitol, "never give up," "fight much harder," and "fight like hell" -- as hard as it took to "stop the steal." That meant: Do whatever it takes to force Congress to set aside Joe Biden's election victory.
A few political leaders have called for an indictment, but not many. Perhaps they don't want to politicize criminal law enforcement.
But silence is still political. It reflects a presumption of impunity for presidents and other high officials. It's the same impunity that protected Richard Nixon from being charged with conspiracy to commit burglary and Bush-era cabinet officials from being charged with conspiracy to commit torture following 9/11.
The First Amendment protects offensive and controversial speech, even Trump's "right" to utter the lie that the election was stolen. But it includes no right to incite mob violence.
Supreme Court decisions have long confirmed that you can be charged with a crime if your speech is (1) "directed to inciting or producing imminent lawless action" and (2) "likely to incite or produce such action." The First Amendment does not protect "preparing a group for violent action and steeling it to such action."
A Sixth Circuit case involving Trump himself explains: If a speech "explicitly or implicitly encourage[s] the use of violence or lawless action" and violent or lawless response is likely and imminent, you've gone beyond free speech.
That's what we all saw Trump do on national television.
Over the last four years Trump has repeatedly been denounced for acting as though he were above the law. We can't allow a supposed need for "unity" to confirm that he was right.
Impunity is incredibly dangerous. In Central America, it means you never worry about being prosecuted if you're a corrupt police chief. In Russia, it means you can poison your political enemies without punishment. In Saudi Arabia, it means you can literally dismember a critic in another country's embassy and suffer no consequences.
And here in the United States, it may mean you can incite your supporters to sack the Capitol -- and feel free to try again in the future.
Impunity is a disease that rots the rule of law. Left unchecked, it will rot American democracy. America must teach Donald Trump that he is not above the law -- and that his impunity has finally come to an end.
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
This column was distributed by OtherWords.
Mitchell Zimmerman
Mitchell Zimmerman is an attorney, longtime social activist, and author of the anti-racism thriller "Mississippi Reckoning" (2019).
In the wake of his second impeachment acquittal, Donald Trump proclaimed victory in what he called "the greatest witch hunt in the history of our Country."
Trump was acquitted. But the Senate hardly absolved him: A 57-to-43 majority concluded he had incited a riot.
Few if any of those who voted to acquit did so because they considered Trump innocent of the charge. Rather, after refusing to hold the trial while he was still in office, they relied on the technicality that Donald Trump is now "a private citizen."
All the more reason, then, to hold Citizen Trump responsible under criminal law for his effort to overthrow our democracy by force. Maybe it's time for him to face 12 jurors.
Many Republicans agree Trump was responsible for the sacking of the Capitol.
"There is no question, none," said GOP Senate leader Mitch McConnell, "that President Trump is practically and morally responsible for provoking the events of the day... A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags and screaming their loyalty to him."
Similarly, GOP House leader Kevin McCarthy concluded, "The president bears responsibility" for the "attack by mob rioters."
America must teach Donald Trump that he is not above the law -- and that his impunity has finally come to an end.
Donald Trump whipped up his supporters, including violent white supremacists he had previously instructed to "stand by," and incited them to march to the Capitol, "never give up," "fight much harder," and "fight like hell" -- as hard as it took to "stop the steal." That meant: Do whatever it takes to force Congress to set aside Joe Biden's election victory.
A few political leaders have called for an indictment, but not many. Perhaps they don't want to politicize criminal law enforcement.
But silence is still political. It reflects a presumption of impunity for presidents and other high officials. It's the same impunity that protected Richard Nixon from being charged with conspiracy to commit burglary and Bush-era cabinet officials from being charged with conspiracy to commit torture following 9/11.
The First Amendment protects offensive and controversial speech, even Trump's "right" to utter the lie that the election was stolen. But it includes no right to incite mob violence.
Supreme Court decisions have long confirmed that you can be charged with a crime if your speech is (1) "directed to inciting or producing imminent lawless action" and (2) "likely to incite or produce such action." The First Amendment does not protect "preparing a group for violent action and steeling it to such action."
A Sixth Circuit case involving Trump himself explains: If a speech "explicitly or implicitly encourage[s] the use of violence or lawless action" and violent or lawless response is likely and imminent, you've gone beyond free speech.
That's what we all saw Trump do on national television.
Over the last four years Trump has repeatedly been denounced for acting as though he were above the law. We can't allow a supposed need for "unity" to confirm that he was right.
Impunity is incredibly dangerous. In Central America, it means you never worry about being prosecuted if you're a corrupt police chief. In Russia, it means you can poison your political enemies without punishment. In Saudi Arabia, it means you can literally dismember a critic in another country's embassy and suffer no consequences.
And here in the United States, it may mean you can incite your supporters to sack the Capitol -- and feel free to try again in the future.
Impunity is a disease that rots the rule of law. Left unchecked, it will rot American democracy. America must teach Donald Trump that he is not above the law -- and that his impunity has finally come to an end.
Mitchell Zimmerman
Mitchell Zimmerman is an attorney, longtime social activist, and author of the anti-racism thriller "Mississippi Reckoning" (2019).
In the wake of his second impeachment acquittal, Donald Trump proclaimed victory in what he called "the greatest witch hunt in the history of our Country."
Trump was acquitted. But the Senate hardly absolved him: A 57-to-43 majority concluded he had incited a riot.
Few if any of those who voted to acquit did so because they considered Trump innocent of the charge. Rather, after refusing to hold the trial while he was still in office, they relied on the technicality that Donald Trump is now "a private citizen."
All the more reason, then, to hold Citizen Trump responsible under criminal law for his effort to overthrow our democracy by force. Maybe it's time for him to face 12 jurors.
Many Republicans agree Trump was responsible for the sacking of the Capitol.
"There is no question, none," said GOP Senate leader Mitch McConnell, "that President Trump is practically and morally responsible for provoking the events of the day... A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags and screaming their loyalty to him."
Similarly, GOP House leader Kevin McCarthy concluded, "The president bears responsibility" for the "attack by mob rioters."
America must teach Donald Trump that he is not above the law -- and that his impunity has finally come to an end.
Donald Trump whipped up his supporters, including violent white supremacists he had previously instructed to "stand by," and incited them to march to the Capitol, "never give up," "fight much harder," and "fight like hell" -- as hard as it took to "stop the steal." That meant: Do whatever it takes to force Congress to set aside Joe Biden's election victory.
A few political leaders have called for an indictment, but not many. Perhaps they don't want to politicize criminal law enforcement.
But silence is still political. It reflects a presumption of impunity for presidents and other high officials. It's the same impunity that protected Richard Nixon from being charged with conspiracy to commit burglary and Bush-era cabinet officials from being charged with conspiracy to commit torture following 9/11.
The First Amendment protects offensive and controversial speech, even Trump's "right" to utter the lie that the election was stolen. But it includes no right to incite mob violence.
Supreme Court decisions have long confirmed that you can be charged with a crime if your speech is (1) "directed to inciting or producing imminent lawless action" and (2) "likely to incite or produce such action." The First Amendment does not protect "preparing a group for violent action and steeling it to such action."
A Sixth Circuit case involving Trump himself explains: If a speech "explicitly or implicitly encourage[s] the use of violence or lawless action" and violent or lawless response is likely and imminent, you've gone beyond free speech.
That's what we all saw Trump do on national television.
Over the last four years Trump has repeatedly been denounced for acting as though he were above the law. We can't allow a supposed need for "unity" to confirm that he was right.
Impunity is incredibly dangerous. In Central America, it means you never worry about being prosecuted if you're a corrupt police chief. In Russia, it means you can poison your political enemies without punishment. In Saudi Arabia, it means you can literally dismember a critic in another country's embassy and suffer no consequences.
And here in the United States, it may mean you can incite your supporters to sack the Capitol -- and feel free to try again in the future.
Impunity is a disease that rots the rule of law. Left unchecked, it will rot American democracy. America must teach Donald Trump that he is not above the law -- and that his impunity has finally come to an end.
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