Laurence Tribe: Will Donald Trump Get Away With Inciting an Insurrection?

[Nevilledog]

Link to tweet

https://www.nytimes.com/2021/12/23/opinion/trump-capitol-riot-january-6th.html

No paywall
https://archive.ph/aciFY

*snip*

But such an approach would come at a very high cost. In the prosecution business, interviews need to happen as soon as possible after the events in question, to prevent both forgetfulness and witness coordination to conceal the truth. A comprehensive Department of Justice probe of the leadership is now more urgently needed than ever.

It is also imperative that Mr. Trump be included on the list of those being investigated. The media has widely reported his role in many of the relevant events, and there is no persuasive reason to exclude him.

First, he has no claim to constitutional immunity from prosecution. The Department of Justice’s Office of Legal Counsel has recognized such immunity only for sitting presidents because a criminal trial would prevent them from discharging the duties of their office. Mr. Trump no longer has those duties to discharge.

Nor is exclusion of the former president remotely justified by the precedent President Gerald Ford set in pardoning Richard Nixon to help the country “heal” from Watergate. Even our proud tradition of not mimicking banana republics by allowing political winners to retaliate against losers must give way in the wake of violence perpetrated to thwart the peaceful transition of power. Refusing to at least investigate those who plot to end democracy — and who would remain engaged in efforts to do so — would be beyond foolhardy.

*snip*

[Tomconroy]

1. I believe Merrick Garland was a student of Lawrence Tribe.

[Grasswire2]

16. Yes, and Professor Tribe often openly urges Garland to act with dispatch in this matter.

And he doesn't mince words.

[Poiuyt]

17. Supposedly, Garland reads Tribe's Twitter feed

[Alexander Of Assyria]

39. Article behind paywall ofc, lol..but the snippet has little clue as to the writers opinion.

Edit…saw the no paywall link…cause u have to pay for intelligence and truth, stupid and lies are free…

Anyway, nothing in article to disagree with…investigate, collate the evidence, and drop the indictments, we must.

[grumpyduck]

2. He will get away only if he is allowed to get away.

He can't do it on his own.

[agingdem]

3. we don't know what Garland and the DOJ are doing...

I think about the Mueller investigation..leaked like a sieve..we knew every burp and fart coming out of that place, and when Mueller caught the little fish we were confident the report would nail that orange cretin to the wall..so what happened?....nothing happened...Barr skewed the report, exonerating Trump, and when Mueller was called to testify he was so careful not to offend he said nothing...I get Laurence Tribe's frustration..I want Trump publicly castrated, locked in a cage, and dropped in the deepest depth of the Atlantic Ocean, but until there's a leak/indictment coming out of the DOJ we have to wait and see and at my age I'm running out of "wait"...

[homegirl]

20. I'm with you

but only a severe stroke leaving TFG speechless and confined to a wheelchair for 20 years before dying a painful death is too good for him.

[skydive forever]

21. Now that would be poetic justice.

[agingdem]

24. if I could pick

I'd say death by a 800,000 cuts (literally)...the way I see it is this: I liken the orange dung heap to Hitler...6 million Jews dead and yet that monster only died once..Trump's callous disregard for human life, his overt visceral hate for THE OTHER (Blacks, Hispanics, Jews, Native Americans, Asians, Muslims, LGBTQ) gave the like-minded monsters among us permission to brandish their AK-47s and kill with no fear of reprisal..so 800,000 stabs for every Covid death...a start...

[homegirl]

25. Completely

JUSTIFIED!!!

[3auld6phart]

36. Obituary

I’m not sure. I think it was Mark Twain that
said never speak ill of the dead but He had
read many Obituaries that he enjoyed reading
My take on drumfh’s demise would be like Joe
Stalin’s death .A massive stroke and left on the
floor for two days, while his house staff ignored
his suffering. That will never happen of course.

[berni_mccoy]

37. Mueller had indicted many people by the same time Garland has served.

[agingdem]

40. True but did he get Trump?

Nope..Trump skated...

[berni_mccoy]

41. Was the DOJ run by a trump crony?

[agingdem]

46. yes..but

the 1/6 select committee is doing a hell of a job connecting the dots and I'm guessing they're sharing info with the DOJ..Garland has to wait until the committee concludes it's work..indictments, referrals...and then he'll go after Trump...I hope, maybe..

[usaf-vet]

42. Was it confusion which bothers me? However, if it was early-onset dementia I'm less bothered...

... Here is why at 74, I am finding that I have trouble finding the word I want to explain something. I can't recall the names of casual acquaintances. But the most notable change I see in myself is my lack of ability to multitask to the degree I could in my working years.

I felt from the beginning Mueller was RELUCTANT to take on the job in the first place and had to be "persuaded" into taking the job.

Now I'm starting to worry about Garland at DOJ. I'm sure like many other DUers.

[agingdem]

44. I'm 73

and I'm trying, with great effort, to give Garland the benefit of the doubt...I understand that the here and now is taking precedent over January 6...voting rights/voter suppression/election workers under threat...I'm thinking Garland won't make a move to indict until the 1/6 select committee has concluded their hearings and made their referrals..and I suspect he knows he's got one shot to get the orange sonofabitch...treason and inciting an insurrection and the evidence has to be incontrovertible...no wiggle room/no daylight...but like I said, at my age I'm running out of wait time...

[usaf-vet]

45. Agreed, I too am running out of wait time.

[Kenneth Almquist]

47. The Mueller investigation didn't leak...

...or at least there is no proof that it did. If the DOJ is actively questioning witnesses, executing search warrants, and the like, news reporters can find out about those activities even if the people conducting the investigation don't talk. That's why the DOJ has a policy restricting the use of “overt investigative steps” shortly before an election.

If the DOJ were conducting more than a minimal investigation of Donald Trump and people close to him, we probably would have seen some indication of this in the media even in the absence of any leaks from the DOJ.

[agingdem]

48. Treason and inciting an insurrection

by a sitting president is a different "ballgame" with a "never before" set of rules... in the past, when Garland scheduled an announcement (voting rights, voter suppression) the press was informed that day...if Garland and the DOJ are ready to indict Trump, the press will be notified hours before unless Garland wants it to leak sooner...and of course I'm naively assuming Trump will be pay for his crimes before I die...I'm 73 and getting older by the second...

[Thomas Hurt]

4. The establishment doesn't have the balls to go after the Pig, it will be an escalation and lead

to the christofascists pursuing every Democratic President and VP.

[msfiddlestix]

7. I see it that way too. particularly the first point

The establishment doesn't have the balls to go after the Pig.

the second point is likely, but they win only if we let them, and it doesn't appear we're doing a hell of a lot to prevent them from winning on that front either.

[Irish_Dem]

9. Right Thomas, the GOP threatens us with scorched earth retaliation

if we try to enforce the law and hold criminals accountable. So deals are cut to hold only the little guys accountable?

[Thomas Hurt]

11. threatens? you don't think they have been carrying out scorched earth politics for decades...

[Irish_Dem]

12. Yep. The GOP has used war tactics for decades.

They have been threatening and delivering scorched earth tactics for a long time now. The GOP has been at war with this county for decades in their quest for permanent and total power.

[Poiuyt]

14. Republicans look at politics as life or death, all out war

There was a book a few years ago that dealt with this topic. "Banana Republican"

[Irish_Dem]

31. Oh it is war, all out war.

Civilian casualties galore.
800,000 Covid deaths.
Thousands of gun deaths.
Thousands of deaths when people have no health care, expensive medications, etc.

[Thomas Hurt]

35. To the fascist, life is war, and all fascists are raised to be race heroes against the scapegoats...

they provide for themselves.

[Grasswire2]

18. and that is precisely how a MOBSTER rules

Always see Trump through the mob lens. It explains everything.

He's a monster, daring someone to contain him.

[Justice matters.]

34. "the christofascists pursuing every Democratic President and VP"

They will do exactly that whether TFG is indicted for his crimes or not.

That's why, based on clear evidence he didn't call them off (as his Oath Of Office required) for 3 hours, he must be charged.

That's also why he's trying to delay the National Archives files (and videos+pics) from being handed over to the committee.

[SoonerPride]

5. He already has

He was never going to face consequences for his crimes.

Anyone who thought there was justice in America hasn't been paying attention.

[BlueJac]

6. Kinda starting to look that way!

DOJ needs to step it up. I really think he will be a hugh problem for years to come. USA is looking pretty weak against our biggest threat of all time. We need to keep democracy safe.

[The Wizard]

8. Why does the DOJ fear Trump

There was a time when Nazis were hunted. Now it seems they're protected.

[Alexander Of Assyria]

38. No evidence they do. Indicting Bannon is evidence they don't.

[Irish_Dem]

10. "If you are a star or president, they let you do anything."

[gab13by13]

13. A counter to the wait and see crowd;

1. Garland only wrote a stern letter to the pro-Trump Cyber Ninjas in Arizona who violated both state and federal law. The result of inaction is that these fraudits spread across the country and pro-trump people during these fraudits removed honest, decent election officials and replaced them with pro-Trump people.

2. Pro-Trump people are still threatening election officials and threatening school board officials so Garland went to Congress to explain that DOJ was going to work with local law enforcement to stop the harassment. Republican Senators blasted Garland for suppressing the Magat's freedom of speech and Garland backed down to them. I watched it on TV.

3. Too many experts like Tribe are saying that Garland isn't doing enough. Instead of the select committee having to go through litigation to obtain phone records, emails and other documents, DOJ could be going to a judge to get warrants. Next year is an election year when DOJ has a policy to not reveal investigations that are going on which may affect the outcome of the election.

Once an autocracy takes hold it will stay in power for a very long time. I foresee a Pinocet style coup if the Trumpers are successful.

[Grasswire2]

19. Is that a written policy?

Or a suggestion, such as the memo about not prosecuting a sitting president? That's just an opinion, in a memo written by John Yoo.

[David__77]

15. It's amazing that there's little clamor for action.

The consequences are great for the US as a political project.

[jalan48]

22. Probably.

[BamaRefugee]

23. WILL PEOPLE OPEN PRESENTS ON CHRISTMAS MORNING?

[Orrex]

26. Of course he will.

He might get nabbed in one of the many criminal investigations currently in the works, but it feels very much like he will be spared any consequences for sending his kkkult into the capitol to overturn the election.

I would love to be wrong but at this point have little reason to think that I am.

[WarGamer]

27. It's not up to Tribe or even Garland.

It's up to 12 Jurors... and 6 Trumpists are a near guarantee.

[cstanleytech]

28. His Republican coconspirators in the House and Senate will protect him.

[DallasNE]

29. What We're Learning

Justice is not blind. Indeed, there are several layers of justice depending on your social status, bank balance, skin color, you name it. And the President, current and prior, are above all of the layers in justice. That can't be allowed to stand.

[Bobstandard]

30. SCOTUS will protect tfg and successor

This Supreme Court is so venal they will protect Tfgs documents and other subpoenaed info from the Select Comittee. They intend to both shield Tfg currently and establish precedent to make it impossible to provide oversight of the next authoritarian ruler/president of this country.

I hope I’m wrong.

[progressoid]

32. Duh...yes.

[The Mouth]

33. "Get away"? hell it's going to be a badge of honor

If they retake the government 1/6 will be Ashley Babbit day and everyone who participated celebrated.

EXACTLY like the retconning of the 1923 Beer Hall Putsch

[kacekwl]

43. Hopefully I'm wrong but

I see no one in a leadership position, president, members of Congress will face any consequences for this or anything else. If I'm wrong I will gleefully apologize to every member of DU profusely if I'm right I'll curse the Republican Congress.