After he was included in a social media mention by a news organization as likely to vote to convict President Donald Trump, Alaska Sen. Dan Sullivan issued a statement making it clear he has not taken a position.
Alaska’s former Attorney General, now serving his second term in the U.S. Senate, said he was not ready to rush to judgment.
“Before the 2020 impeachment trial, I said that impeachment and conviction are the most severe constitutional ‘checks’ or remedies given to Congress in dealing with the conduct of a President. The charges being brought against President Trump are serious and will be given serious consideration, including examining the historical and legal precedents and the long-term impacts a conviction under these circumstances could have on our Republic,” Sullivan wrote.
The Left has tried to impeach Trump since he first took office in January of 2017, with efforts underway the week of his inauguration. By July of 2017, Democrats had filed their first article of impeachment, after Trump had fired FBI Director James Comey. Back then, the House was controlled by Republicans, and the effort failed. When Democrats took control of the House in 2018, the effort to impeach gathered steam.
Reps. Brad Sherman of California and Al Green of Texas filed for a second time their article of impeachment. Freshman Democrat Rashida Tlaib, associated with MoveOn.org, proclaimed Democrats would “impeach the motherf—-.” Finally, after the 2018 election, Speaker Nancy Pelosi got on the impeachment train.
This is the second impeachment that has been voted on by the full House. The first one was turned down by the Senate, while the second impeachment could be taken up on Jan. 19 by the Republican-controlled Senate. But the Senate switches to Democrat control on Jan. 20, under the leadership of Sen. Chuck Schumer. That same day, Trump is no longer in office, which makes the conviction unlikely. The whole scenario is filled with political theater and grandstanding by victorious Democrats.
Sullivan is watching it unfold and said he will do his constitutional duty, when the time comes.
“For now, I continue to focus on helping to facilitate the orderly transition of power and a safe inauguration — our country needs both.”
As for Sen. Lisa Murkowski, her office has issued no statement, but in an earlier statement, she said it was time for Trump to quit, and that if he didn’t, she wasn’t sure she would stay in the Republican Party.
Where do these people go to learn to talk for an hour without saying anything?
Law school.
Political evil hiding in plain sight, you see it too Reggie!
Paula, they go to Washington, DC, our nation’s capitol.
RNC
Right – the Republicans don’t say anything. They hide. The Democrats come right out and let you know they’re Communists.
I’ll be happy to see Murkowski change parties–she’s been voting like a Democrat since she took office and using the same kinds of underhanded, immoral behaviors to enrich herself (remember the property she decided to give back when it was revealed she’d bought it at way below value?) and stay in power. I am still hopeful that Senator Sullivan will not cave quite as eagerly to the abusive threats of Democrat politicians, and show he still has some backbone independent of which way the wind blows over the stinking Swamp.
Absolutely
Murkowski, I will celebrate if you if you finally join your democrat party. You have not been a republican in a long time, just a false shill who has deceive people for years. Go where you belong, we won’t even miss you.
Bye bye Lisa….don’t let the door hit you on the way out !!
Well thank you Dan, for your commitment to impartiality !! That means so much to your constituents back in Alaska who overwhelmingly supported President Trump in the recent election and still believe he won the election but wasn’t chosen, due to foul play.
Yeap! Called sitting on fence! Not knowing which side to bail.
What gain ? Siding with the democrats, Senator Sullivan.
I don’t understand the cry of foul play. Even Mr. Trump’s loyal Attorney General, Bill Barr said there was no evidence of voting fraud. The only ones claiming voter fraud are talk show hosts, conspiracy theorists, QAnon and Conservapedia. I especially like Conservapedia’s take that Obama and former Italian PM Matteo Renzi were behind the “steal”. Apparently an Italian defense contractor uploaded the software to a satellite that switched the vote. There is even a citation of the source for this vital info but it has something to do with an undisclosed location, blah blah blah.
What credible evidence do you have to pass on confirming the foul play?
How about the fact there are millions of more votes than registered voters. That was easy!
The evidence of a election without the transparency that is required by law is there. Not difficult to find, with a small amount of looking with a open mind.
Winning is the goal, by any means. When it should be decided by legitimate and legal votes.
Here’s my anecdotal evidence. Every time I go to the polls to vote, there is someone there to check my ID and verify that I am registered to vote. At that point I sign the register. I can easily see how many names are on each page as they flip thru to find my name. I have never seen more than about 20% of the names of registered voters crossed of as having voted. This last presidential election was a record breaker but still there were LOTS of names on the list who didn’t vote. Of course this isn’t real evidence, just my observations. I wish Bill Barr would have gotten the memo that let him know that there were millions of votes more than there were registered voters and then we wouldn’t be in the mess we are currently in.
That’s not a fact. That’s a story based on voter registrations from 10-15 years ago, not including people who registered in the last three elections. Are you aware of how that does not mean what you think it means?
The fact is, voter registrations as of 2020 were consistent with the number of ballots cast. Period. Full stop.
So what else you got?
That’s actually not true. In Pennsylvania 205k more absentee ballots were returned than what went out. The fact is, you have a bias an don’t want to consider anything that would lead to an outcome you would find unacceptable. You’re entitled to your bias, we just wish you would be up front about it. You don’t care if there was fraud, because it benefits your party and ideology.
I don’t recall AG Barr ever initiating an investigation. His comment was seemingly based on media accounts.
This is not true. He issued an order to the Dept. of Justice to look for aberrations in the election, voting irregularities. None were found. He didn’t say they didn’t exist, but that no irregularities were found that would shift the election in Trump’s favor, in effect, Biden won.
Wait- this is the same DOJ that told us for 4 years the last election was fake? Got it. So Barr was loyal.. but not to the president, and certainly not to the truth.
Dean, where to begin, but it won’t matter since you are not interested in facts. For starters check out the fact that in PA. more mail in ballots were counted then were printed and mailed out. Something like a half a million Dean. Following that, while the leftist fascist media was looking at a Trump landslide, suddenly what, five Swing States shut down vote counts at the same time? G.O.P. observers are shown the door, and in at least one location windows were covered up as some sort of vote rigging was taking place. In another location once the building was emptied there is video of ballots being pulled from under a table by the chosen traitors who were allowed to remain. In another ballot audit for a ward that supposedly Biden won it was discovered that in fact Trump beat him handily. Sorry dean, where there is smoke there is fire. I would be savage if Trump had used such tactics against Biden, because Dean in this country your vote is sacrosanct. But hey listen to the swamp creatures and the corporate fascist media. Your new government will not allow any dissent Dean, looks like you are a smart fella, so you will nod your head to any of the bovine excrement they pass off as news. BTW Dean, ever hear of China? What of the news stories that they have passed millions of dollars to the Biden Family ? N.Y.T. and the NY Post covered this , but it wasn’t deemed “news” by the fascist TV media. So you got a crooked old Joe as your illegitimate president, he is not mine and will never be recognized as such. Even if Bill Barr says so.
Barr never said there was no evidence of fraud. If you read the full transcript, he said the the DOJ doesn’t have evidence of fraud. That is because the DOJ wasn’t investigating it! Admittedly, election fraud is not new to this election cycle but do deny the evidence that has been presented and ignore the behavior and efforts of election workers to undermine the system is just plain ignorant and akin to the ostrich sticking it’s head in the sand.
53% in a state that hasn’t voted Democrat in 56 years is hardly “overwhelming.”
For all those congresspeople who have rushed to declare guilty before the charges have been filed, the trial conducted with evidence presented: Stop the grandstanding – it is immature and wrong… Not just wrong, morally bankrupt. What Senator Sullivan has said is a straight, honest, answer from one who knows better – to a question which should not have asked. Thanks Dan, for a bit of sanity.
Was she ever?
Coward!
I concur with the previous posters.
Donald Trump Won Re-Election and it wasn’t even close. Stop the Steal and time to restore the votes that were legal and remove the ones that were not. There is a reason they the Congress didn’t want to audit the election results. This is a strait up theft of our votes and the mail in ballots duplicates and all irregularities need to be subtracted out and a honest and fair process needs to ensue.
Once again, an audit of the national election would only prove that it was correct. States run elections, even for the President, and they are the ones who certify. Congress does not certify, it merely counts the electors from the several states. Many of those states audited their elections, some more than once. This has been documented over and over. It is not disputable. Biden won.
To deny this is to live in a fantasy world where believing whatever you want is valid. That is no way to run a country, but it is a good way to destroy one.
I couldn’t disagree with you more. I suspect you haven’t read any of the three reports Peter Navarro put out on the steal. I understand why tho, and it makes sense; you aren’t interested in a narrative that contradicts the outcome you want. And that’s fair- like I said, I just wish you would be up front about that.
I’m not interested in any narrative unless it is backed up by facts. The facts are that every state that certified every election did so under a Trump microscope and still came up, collectively, with him losing. That doesn’t contradict what I believe, but it contradicts what you believe. Welcome to the real world. You might not like it, but it will better for your mental health if you accept it and figure out how to move on.
Again- a post filled with lies. If you have not read the reports than you are as ignorant as you appear. The reports reveal legitimate statistical anomalies and sword affidavits, which were not admitted in court because the cases were dismissed on standing. So you lie, I think now blatantly, when you say that there is no evidence, or you are just completely ignorant. At the end of the day tho, it comes down to your partisan bias. There is no amount of evidence that would ever convince you, because you are emotionally committed to the outcome. I’m not. I just read the reports and listened to the testimony. You should try that sometime. If for no other reason than to make your comments more interesting.
Like I said earlier
Dan’s another Lisa in the making
Stay tune
You may be right. I sincerely hope not though.
Quit? Presidency is not a job one applies for and then just ‘quits’. The presidents term ends in less than two weeks. Why would, and why should, he quit two weeks shy of completion? He has done nothing wrong and the left are so steeped in hatred they aren’t even sane. And there are no grounds for impeachment. The left continually tries to create their own bizarre reality. Chronic hatred is a disease not without consequence.
That kind of hate always destroys the hater. “The gods first make mad, those whom they will destroy.”
You are correct. They are so fed up with hatred for the president for beating Hillary. They had all their eggs in one basket and that election and were just stunned when we elected Trump instead of her. Many were afraid of going down the drain when the swamp went down, but president Trump found out that the fix was in and they had political stoppers around every corner to keep it from being drained. Even moles in our own party who have been there for a couple of administrations were called in. They didn’t want him to spend a dime of what they thought was their money on securing our border, mostly they didn’t want him to get credit for it because both Hillary and Obama voted to build a wall. They were fearful that by him getting credit for securing the middle East and making our country less dependent on oil just bringing down gasoline prices that people would be so happy that they would never vote another Democrat into office again. So they had to lie and cheat and steal, something that they are masters of doing. The Democratic party is despicable. Remember they were so desperate that they gave Hillary the questions to the debate? She destroyed evidence after a court order told her not to. She stole money from the state department and patted the Clinton foundation nest, Bill Clinton stole Haitian relief fund money in the millions and in return they made him an ambassador. We sat by watching all this happen. We listen to Trey gowdy beat his head against the wall trying to take care of them legally and they stonewalled the hell out of him. The country was on fire last Summer by black lives matter and they wouldn’t even report it. Because Republicans are decent people, and truly care about the rest of the world, the Democrats have learned that all they have to do to put us back on our heels is call us a racist. The Democrats are the true racists. I should say reverse racists. They employ this tactic as a way of buying votes. Relax either don’t know or don’t care about history. Planned Parenthood was started because Democrats were fearful that blacks were getting too many babies so they started abortion clinics. Ironically now Democrats especially black Democrats vote for the very people who don’t care about them. Words aren’t going to solve this problem. It’s going to have to take action of some sort to cleanse the current Democrat and socialist infection inhabiting America today. I don’t know if that’s possible but I see it as the only way.
Well said.
For Lisa, in the words of Curly Bill, “Well……..BYE!”
Not taking a stand…is taking a stand! Daggone it! When are we going to see those we have elected get a stinking backbone. Wishy-washy politicians are a scourge to our society! Senator Sullivan you are waiting to ‘see’ what your other constituents are leaning toward and then you will make a decision…not good enough for me and I daresay many others.
By not taking a position, Sullivan is taking a position. Either he is for President Trump or against him. Being ‘neutral’ is the same betrayal road Sullivan and Young have already taken, along with Murkowski. All three of them are back stabbers to our president, our country and our state. Now a ‘wobbly’ neutrality? I don’t think so. Sullivan is proving that their ‘talk is cheap’.
Nothing you do matters anymore Dan. You knowingly and intentionally voted to certify a fraudulent election against the President of the United States of America. You refuse to tell Alaskans who ordered the Capitol Police to stand down, move the barricades out of the way, and let the crowd into the Capitol with zero security precautions. You are being extremely dishonest. We know the Capitol Police work for Congress including you, not President Trump or the Executive Branch. Now you and others are using the false flag event inside the Capitol created by someone in Congress to try and impeach President Trump. You violated your oath of office, and you are a disgrace to Alaska and America. Shame on you.
Come on, Dan. Grow a spine and a pair.
Quit hiding behind your wife. Trump was impeached on baseless grounds and you know it. The Democrats are on a mission to destroy our great nation. Act like a man, and a Patriot of this country. We worked hard to help you defeat Dr. Al Gross, who was Pelosi and Schumer’s choice for your current seat. Pay us back, Dan.
Because we have Dominion voting machines, Dan Sullivan may not have beaten Gross. Dan Sullivan voting and making statements against Trump is absolutely obnoxious considering that he is in the reserves and Trump is his commander in chief until noon on the 20th. Can you trust Dan Sullivan? Should Dan Sullivan be trusted by the persons in this state? NO!!! The man is showing how cowardly he is and his true character. Not much there….
Agree!
President Trump opened ANWR but many scare investors and banks out of Alaska, I am happy to see any leadership that fights for Alaska’s oil and gas industry. Alaska is on the top of the list in the world for finding big oil and gas discoveries and the whole world knows it, I believe Alaska will be very prosperous if people like Paul-Fuhs works with the smart state leaders. More oil and gas investors coming to Alaska will be good for jobs and those who benefit from the Permanent Fund. Alaskans deserve a rich Alaska economy!
Thank you Dan … you’re from the oil patch and can speak from direct knowledge.
When I got the boot from ADN, I couldn’t post there any more as “my2cents”. I refused to pay to read their propaganda. I donate more than the ADN’s subscription cost to MRAK.
???????
He is a traitor to the Republic who voted to confirm a stolen election by a foreign power.
First they stole the 2020 Election , a brazen act, now to cover up their crime they employ this impeachment distraction. This move comes from their center of gravity and their most critical vulnerability , they know what they did, therefore we must speak of anything except their crime.
This move seeks to silence and intimidate any present and future opposition. Typical totalitarian policy. Get ready and buckle in.
Are they going to hold impeachment hearings for all the Democratic lawmakers who actually fomented and supported violence against this country last spring, summer, and fall? The case against some of them is much, much clearer.
.
Wasn’t our very own Vice President elect involved with bailing out those who rioted, looted, and were involved in deadly fires…including one who shot at police, another who murdered a friend, and yet another who was has been convicted twice for being a sex offender?
You had better wake up & smell the coffee , Dan. Trump carried you to victory on his coat tails! It for damn sure wasn’t because of anything meaningful that you did in the Senate. Drain the Swamp!
CYA for Sullivan. He’s not committing because he is afraid of what will happen once Trump is gone. Trump will no longer be in the Democrats’ crosshairs, but the remaining Republicans will. Looks like Dan could use a little help trying to find his spine.
They didn’t hang together, so they will all hang alone. Leave Sullivan to his fate. He worked hard for it, he earned it, and nobody should deprive him of it.
Sullivan, Murkowski and Young are all traitors to the country and the Constitution.
They allowed the Democrats to steal the presidency and, most likely, numerous House and Senate seats and not one of them raised a serious objection.
Now none of them are pushing back on this ridiculous impeachment of President Trump.
They’re a disgrace to the state and they’ll never get my vote again.
Someone tell me what he did or said that was enough to impeach a president other than “I just don’t like him.”
“We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.” –Eli Wiesel
“The only thing necessary for the triumph of evil is for good men to do nothing.” –Edmund Burke
Sen. Sullivan, I sincerely hope you will not remain “neutral.” President Trump did not incite a riot, did not encourage insurrection and should not have been impeached. For the Left to claim so after the summer of BLM/Antifa riots — excuse me, “Peaceful Protests” — that killed 25 people and created millions of dollars in damage, with Kamala Harris and Nancy Pelosi, among others, stating that those riots “should happen” is so hypocritical as to boggle the mind.
Save your breath. Sullivan apparently got caught with his hand in Northern Dynasty’s wallet, and instantly went into damage control mode, issuing a full denial of ever having supported the Pebble mine, and of having accepted any bribes.
Don’t take my word for it. Google “Sullivan & Pebble mine”. It’s all there……….
I don’t think Sullivan liked our choice for president, I believe he thinks he knows better than the voters and will chose to be useless.
I am waiting for both Sen. Sullivan and Murkowski to explain to me how they can say there was no election fraud when the courts have not allowed any one claiming fraud to show their evidence. Both Senators are riding a razor wire fence hoping to be in good stead with which ever side wins. The swamp lives.
The evidence wasn’t allowed because it wasn’t legal. Hearsay and anecdote are not considered evidence. If the alleged fraud were as extensive as claimed, it would have been easy to produce admissible evidence.
People are convicted on circumstantial evidence every day. Grand juries indict people on much less.
All was being asked for was an indictment. There’s a lot more indicating voter fraud, than what Trump got impeached for.
One law for Dems. Another law for everyone else.
Again, not true. Statistics are used routinely in fraud cases, to advance an investigation, in a criminal case, and get warrants, and to get to the discovery phase in a civil suit. The same goes for signed affidavits- that’s not hearsay; it’s evidence. It’s the basis for whistleblower suits and actions, and it certainly is admissible in cases of fraud. The statistical abnormalities were well beyond reason, and the affidavits were legion. You don’t want to hear the evidence, or challenge any of it directly, because your team won. That’s fine, just own it. On this side tho, we fight our own party and challenge them routinely, that’s why we don’t just accept the line and go hide in our corners and do what we are told. That’s not your thing, I get it, but just be up front about it.
True, but statistics have to support the case, and in the election fraud cases, they did not. Cooked “statistics” are not admissible, and statistics by themselves, without explanation, mean nothing.
Affidavits have to be based on first hand experience. Saying someone told you they saw fraud is hearsay, not first hand evidence. Those were the affidavits thrown out.
I imagine you have heard the quote, “There are lies, damned lies, and statistics.” Here, we have all three in support of Trump. You can argue all you want, but the courts have spoken; the courts that have been packed by the GOP.
“Lies, and Damn Lies” are right- two that you’ve peddled; that the affidavits were not first hand, and that the statistics were wrong, are demonstrably false. But look, we get it. You’re a partisan. If your party and preferred propaganda outlets tells you it’s one way, you don’t question, you obey. On the other side, we question things, so we watch hours of testimony, we read the reports. We read the court decisions, because fake elections matter to us, whether the candidate we want wins or not. Your side wants power for powers sake, so a fraudulent election or a fair election doesn’t mean the same thing. It’s just means to an end: power.
Wrong thing to be impartial about, as Trump will no longer be in office when the trial is held. Congress has NO power over a private citizen, making this yet another unconstitutional process.
Chief Justice Roberts presides over the festivities. By rights, he shouldn’t show up citing the unconstitutionality of the entire thing. When he does, he tells us everything we ever want to know about his view of the constitution.
OTOH, if you want some real fun, use the identical Article of Impeachment and process to impeach and remove Kamala Harris for supporting, defending, and calling for more BLM / AntiFa riots last Sept. The links are still out there, though you’ll have to use duck duck go to find the stories. Hannity played the audio yesterday.
Channel your internal Abbie Hoffman and maximize the contradictions. Cheers –
Senator Sullivan,
Your campaign was all about your being a marine. Do you forget who your commander in chief is? There is no honor by you using traitor Murkowski’s playbook of fence sitting.
GASP!!!!
He got to be listening to Senator Murkowski!!! She going to wreck him by him following like a little Peon. U.S. Senator Sullivan will never be able to form his own legacy listening to Ratchet and Weak women.
The mainstream media is calling the House impeachment because of they got help from the GOP. The House Democrats had the votes without the 10 GOP members, but 10 republicans don’t make a GOP like 197 republican house members voting against. hahahahahaha. U.S. Sullivan, you won’t be alone voting against the circus show we watched.
GASP!!!!
He got to be listening to Senator Murkowski!!! She going to wreck him by him following like a little Peon. U.S. Senator Sullivan will never be able to form his own legacy listening to Ratchet and Weak women.
The mainstream media is calling the House impeachment because of they got help from the GOP. The House Democrats had the votes without the 10 GOP members, but 10 republicans don’t make a GOP like 197 republican house members voting against. hahahahahaha. U.S. Sullivan, you won’t be alone voting against the circus show we watched.
The FBI just reported that the whole Capitol incident may have been pre-planned. I appreciate Sen. Dan opposing the rush to judgement so eagerly embraced by Lisa.
“Evidence uncovered so far, including weapons and tactics seen on surveillance video, suggests a level of planning that has led investigators to believe the attack on the US Capitol was not just a protest that spiraled out of control, a federal law enforcement official says.”
You don’t say? Of course it was planned. Just like when bro lives matter burned down Portland, they had pre-delivered on pallets bricks and other weapons dropped off in convenient locations. If you think instigators are just going to lay down their arms and say oh well you stole the election from us democracy is over boohoo! You are sorely mistaken.
Knew that Murkowski would betray Alaska. And very disappointed Sullivan. Jan 20th should be Black Flag day, a nation in mourning for the day The Constitution of The United States died.
Our “republicans” are weak, their main goal is reelection, they don’t stand for anything and allow the democrats to do as they please. The days of Ted Stevens type Alaskan republican are gone and have been replaced with weak spineless go along self interest politicians. All three need to go away!
Senator Sullivan is another RINO. He will vote with the political winds, whatever will keep him in office. Should have voted for Al Gross…at least we knew where he stood.
I might suggest to Senator Sullivan that his supporters weren’t/aren’t “impartial.”
Senator Sullivan, you need to read this before you do the wrong thing.
Memorandum of Law
TO: Members of the United States Senate
From: KrisAnne Hall, JD
RE: HR24 – Impeachment of Donald John Trump, President of the United States for High Crimes and Misdemeanors
Date: January 13, 2021
Facts
On January 6, 2021 a group of Americans assembled in Washington DC: some to protest the counting of Electoral College votes they believe were cast as a result of a fraudulent election, some to support President Trump, some to encourage the counting of the Electoral College votes, some to protest President Trump, and some to simply create chaos and destruction.
During this assembly, some in this assemblage chose to engage in violence that resulted in damage to the Capitol building and the loss of life. During this assembly of multiple groups and individuals, including President Donald Trump gave a speech, which transcripts are available.
HR 24- Articles of Impeachment allege that the actions of those who carried out the violence are attributable to President Donald J Trump due to words uttered at a rally and thus subjects him to legal and constitutional impeachment from office pursuant to Article 2 section 4 of the US Constitution for “Incitement of Insurrection.”
Article 2 section 4 of the Constitution reads:
The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Questions Presented
Is President Donald Trump guilty of “Incitement of Insurrection” by inciting violence against the United States?
Is President Donald Trump subject to impeachment and conviction according to the Constitution under Article 2 section 4 of the Constitution for “Incitement of Insurrection?”
Answers & Discussion
Incitement has a very settled definition in law and the standard is referred to as the “Brandeburg Test” as resulting from Brandenburg v. Ohio, 395 US 444 (1969).
The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. In Brandenburg, a KKK leader gave a speech at a rally and, after speaking a laundry list of racial slurs, Brandenburg then said; “it’s possible that there might have to be some revengeance [sic] taken.”
In this opinion, the Supreme Court held that the government can only infringe upon freedom of speech by criminalizing speech when a two-prong standard created by this court is met. The standard is as follows:
The speech is “directed to inciting or producing imminent lawless action,” AND
The speech is “likely to incite or produce such action.”
Further Supreme Court opinions give specific direction on the application of the Brandenburg Test. The Supreme Court in Hess v. Indiana (1973) applied the Brandenburg test to a case in which an Indiana University protestor said, “We’ll take the fucking street again” (or “later.”) The Supreme Court held that the university protestor’s profanity was protected under the Brandenburg test, as speech that “amounted to nothing more than advocacy of illegal action at some indefinite future time.”
The Court held that “since there was no evidence, or rational inference from the import of the language, that his words were intended to produce, and likely to produce, imminent disorder, those words could not be punished by the State on the ground that they had a ‘tendency to lead to violence.’”
In NAACP v. Claiborne Hardware Co.(1982), Mr. Evers made threats of violence against anyone who refused to boycott white businesses. The Supreme Court applied the Brandenburg Test and found that Mr. Evers’ speech was protected under the principles of freedom of speech: “Strong and effective extemporaneous rhetoric cannot be nicely channeled in purely dulcet phrases.
An advocate must be free to stimulate his audience with spontaneous and emotional appeals for unity and action in a common cause. When such appeals do not incite lawless action, they must be regarded as protected speech.”
The question is, Did President Donald Trump engage in speech that qualifies under the Brandenburg Test as inciting. The only relevant evidence in this accusation will be the transcripts of President Trump’s speech.
In this transcript, we see no language that fits the Brandenburg Test definition of inciting. What a reader of this transcript will find is:
“We have come to demand that Congress do the right thing and only count the electors who have been lawfully slated, lawfully slated. I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
Using the Brandenburg Test, as established by the Supreme Court of the United States, it must be concluded that President Donald Trump’s speech did not rise to the criminal level of inciting. Consistent with the Supreme Court’s opinions, the speaker over a group cannot be held accountable for the actions of that group unless the speaker “directed to inciting or producing imminent lawless action,” AND the speech is “likely to incite or produce such action.”
It is highly dubious to assert that directing a crowd to “peacefully and patriotically make your voices heard” incites violence and insurrection. There can be disagreement as to the appropriate nature of President Donald Trump’s words in general. There cannot be disagreement as to the statements made in his speech, since they are recorded and freely available.
This is the only reasonable and moral way to maintain the essential standard of freedom of speech as enshrined in the United States Bill of Rights. Any standard that deviates from this test in favor of criminalizing speech ought to be unacceptable in a nation built upon the essential principles of personal liberty.
The Supreme Court held in Texas v. Johnson 491 US 397 (1989) that freedom of speech is “a bedrock principle underlying the First Amendment is that Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
In RAV v. St. Paul 505 US 377 (1992), the Court held that even “hate speech” is protected under these terms of the First Amendment. Finally, the Supreme Court held in Gregory v Chicago 394 US 111 (1969), “To let a policeman’s command become equivalent to a criminal statute comes dangerously near making our government one of men rather than of laws.
There are ample ways to protect the domestic tranquility without subjecting First Amendment freedoms to such a clumsy and unwieldy weapon.”
To allow a disagreement over words and meanings, to allow political dissention to become the standard of criminal activity violates the Constitution and the standards established by the Supreme Court, transmutes America away from a land whose foundation is settled in due process and rule of law to the “clumsy and unyielding weapon” of politicians, mob rule, and arbitrary standards that are antithetical to everything that embodies our Constitutional Republic.
Because President Donald Trump’s speech does not meet the two-prong test as established by the Supreme Court, it must be concluded that his speech has not risen to the level of criminal activity.
Since the standards of due process lead us to conclude that no crime was committed, the House Impeachment accusation is unlawful as there was no violation of a “high crime or misdemeanor.”
Finally, because the criminal elements of inciting are not met, President Trump cannot, under the law and the Constitution, be convicted by the Senate.
I am not sure if I’m supposed to include the link so I won’t but credit goes to the Independent Sentinel.
The two-prong test under Brandenburg cannot apply here because the facts and content from President Trump’s speech, and the President’s intent of his speech, do not support the application of this test.
.
ie. House Democrats used the impeachment process improperly and deliberately for political purposes, which incite and inflame the 80 million people who support President Trump.
That was their plan. They keep poking a stick at us wanting a fight. they want us to lay down but that’s not going to happen so then they say screw it bring it on. Be careful what you wish for.
I’ll take the word of someone that knows the Constitution over some unknown from the internet but thanks for your input.
How about you just try reading it and make up your own mind? That might be good for everyone all the way around.
Who owns ya, Danny?
I guess Dan’s in favor of shutting the entire country down like Biden is going to do once he gets in office. What will everybody do there then? There’s already panic buying going on down here Walmart shelves are almost empty.
Come on Sullivan! It’s time to snap out of it and stop allowing lies to dictate your actions. Trump did absolutely zero to incite anything. You can listen to his speech for your answers and do a little research to understand the so called Trump supporters were not causing the violence! It was Antifa & BLM mixing into the crowd dressed like Trump supporters. As soon as they breached the Capitol, they were taking off their MAGA gear and placing their riot gear on. It was Trump supporters trying to stop the damage to the Capitol. Pelosi is an accomplice to treason and is working with these domestic terrorists to point the finger at Trump. Get a clue!
Sullivan’s impartiality is impressive. He appears he doesn’t believe in anything.
Well, here we find agreement:)
See, there is common ground. It’s a start.
The DC swamp got to Dan. It only took a couple of terms.
Now he’s just a bit more republican version of Lisa. Which isn’t saying much.
Was my post deleted because I didn’t include the link? Or ??
I made a mistake and supported him, of course the democrats candidate was a total joke. We need to get ride of these weak spineless candidates in the primary.
I made a mistake and supported him, of course the democrats candidate was a total joke. We need to get ride of these weak spineless candidates in the primary.
Truth.
If Sullivan is not willing to say that he against President Trumps impeachment…that means he is in favor of impeachment
He incited a riot that threatened your personal safety, Senator, and the best you can do its “impartial”?
Geez.
If this man is truly impartial, with all that is out there, the transcripts, the timelines, and the history of 5 years of non violent, pro America rallies—then he is either totally corrupt, or a total idiot.
God help us. This man is a Marine. A combat veteran. If he can’t summon the courage to use his OWN brain, and his OWN eyes, to muster the fortitude to get his OWN mouth to speak the truth?!
Then we are done as a nation.
The Senate will decide whether to conduct a trial, hearing witnesses and considering evidence. The Articles of Impeachment are presented to the Senate by the House of Representatives.
So for Lisa Murkowski to make a statement that she has already decided in favor of impeachment is like a juror deciding the defendant is guilty before the trial even starts because he doesn’t like the guy’s haircut. She is a fraud, plain and simple.
I don’t understand how Sullivan could even consider conviction when there was NO due process given to our great president. Come on Dan! As for murkowski, the Republican Party will help pack her bags. Bye Lisa!
Will never vote for Sullivan again!!
Al gross was right about one thing
Danny has no cojones.
I hope you’re wrong.. but it’s hard to argue your premise.
Describing Sullivan’s prevarication – raising finger to the wind re. impeachment – a demonstration of impartiality is an abuse of the English language. Certainly unworthy of most readers here.
Dan is waiting for the poll numbers to come in before he can decide what to do…
I don’t know who Mr. Sullivan thinks he’s fooling (shades of Murkowski for self serving purposes as opposed to our interests). He betrayed us and our sitting President. And he still wears the military uniform.
So disappointed in this man – words cannot begin to describe the magnitude of such a breach of trust.
I think Murkowski is more an independent than anything. Certainly not Republican. That whole Ukraine impeachment deal was a complete and absolute sham of a hit job and I can’t believe she even considered siding with dems on it. Democrats are totally evil people who don’t ever speak out against their own for fear of being cancelled or even threatened.
Hey JUDAS you got your silver take your ass back to DC with Murkowski and Young and stay there!!!
Comments are closed.