Civil cases brought against former President Trump over the Capitol insurrection are testing a startling point: that Trump’s actions on Jan. 6 may fall under presidential immunity.
If our legal system allows for a President (republican) to engage in the incitement to violence and allows a President (republican) to overthrow the results of a legal and certified election we are well and truly screwed.
All persons, even republican presidents, are accountable to the rule of law or we are just another corrupt dictatorship.
That, in and of itself, defines the event as a campaign function.
There was no national presidential address; no attempt to call upon legitimate non-partisan experts. All the speakers were political allies immersed in a conspiracy to defraud the United States.
This is a no brainer. Seriously. Presidents are NOT kings.
So with that theory, a president could yell fire in a crowded theater and claim freedom of speech and addressing the public within his duties. Isn’t that in effect what he did on the Elipse?
For me it would also include the signage. Did the podium that Trump spoke behind have the official presidential seal of the US, did it have campaign signage, did the other speakers before him make up Republicans and Democrats?
I think we could also look at the setting, the Ellipse. We’re used to seeing POTUS speak from the Oval Office, a hallway within the White House, the Rose Garden. but has a POTUS ever given an official speech from the Ellipse?
Then there’s the who was the host? Was it the US Government, or a private group?
“So you’ve got a statue that says both, if you engage in a conspiracy to interfere with the duties of a federal officer, and you’re in a position to prevent it, you could be held liable,”
I’m not sure we should rely on speaking statues