No, Trump can’t be criminally charged & Mitch stuck it to Republicans


Jonathan Turley dashed Mitch McConnell’s apparent hope of Democrats criminally charging Donald Trump and Graham called out McConnell for ‘putting a load on Republicans’ backs.’


George Washington University Law School Professor Jonathan Turley harshly criticized any possibility of criminal charges against former President Donald Trump. Sunday, on Fox News Channel’s “America’s News HQ, Turley asserted that the riot at the Capitol does not meet the incitement standard.

Turley acknowledged that Trump as a former president is not immune from being charged with a crime. He argued, however, that Trump’s speech prior to the riot at the Capitol “does not meet the standard” of incitement.

“Well, he can be charged, and those statements were refuting of House managers that somehow a president can just get away with it. A president can’t get away with anything that’s a crime,” Turley said.

“He can be charged, but you have to charge him. so many people say this is an open and shut case of criminal incitement — all right, charge him. I have got to tell you — I have serious doubts that is this would be sustained if not on trial than on appeal. It does not meet, what I see, is the standard under Brandenburg if you’re looking at just the speech.”

What Democrats, and apparently Mitch McConnell, want to do is criminally charge Donald Trump for his right to free speech.


On Fox News Sunday, Chris Wallace asked Senator Lindsey Graham about McConnell’s suggestion to charge DJT criminally.

Wallace asked “…What did he think of McConnell’s speech, what did you think of McConnell’s speech?”

Graham responded, “Well, number one, I was a bit surprised, but I heard this in 1998. I’ve been in three of the four impeachments. I’m sorry about that. The bottom line — in 1998, you had a lot of Democrats acquit Clinton but got on the floor and said how bad he was. You know, Nancy Pelosi called us all cowards. I don’t think most Republicans care what she thinks.”

Graham continued, “I think Senator McConnell’s speech, he got a load off a chest obviously, but unfortunately he put a load on the back of Republicans. That speech you will see in 2022 campaigns. I would imagine if you’re a Republican running in Arizona or Georgia or New Hampshire, where we have a chance to take back the Senate, they may be playing Senator McConnell’s speech and asking about it as a candidate. I imagine if you’re an incumbent Republican, they’re going to be people asking you will you support Senator McConnell in the future. So I like them, Senator McConnell. He worked well with President Trump. I think his speech is an outlier regarding how Republicans feel about all this.”

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