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The Authority Figure Defense
My latest for the Washington Post with @reichellaw
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
The Public Authority Defense will make it harder for the Trumps, Giuliani, and pals to squirm out of facing consequences.
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My latest for the Washington Post with @reichellaw
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
The Public Authority Defense will make it harder for the Trumps, Giuliani, and pals to squirm out of facing consequences.
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Here’s how the defense works. If the chief of police tells you that you could ignore “no parking” sign, you could evoke the Public Authority Defense.
You could point your finger at the authority figure who invited you to commit the illegal act.
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
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You could point your finger at the authority figure who invited you to commit the illegal act.
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
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The spotlight then turns to the authority figure: Did the chief of police have the authority to waive the parking restriction?
If not, was it reasonable for you to believe that he did?
See where this is going?
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
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If not, was it reasonable for you to believe that he did?
See where this is going?
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
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Each day, more evidence emerges that Trump and other elected officials instigated this riot.
Every day, more evidence emerges that the lies told by people like @tedcruz, @HawleyMO, and @KellyannePolls led to the violence.
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
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Every day, more evidence emerges that the lies told by people like @tedcruz, @HawleyMO, and @KellyannePolls led to the violence.
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
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The public authority defense doesn’t mean the rioters are off the hook: They can still be arrested, charged and brought to trial.
But depending on the circumstances, a defense like this one can mitigate or even eliminate their culpability or lessen their punishment.
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But depending on the circumstances, a defense like this one can mitigate or even eliminate their culpability or lessen their punishment.
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The availability of this defense makes it more likely that the instigators—including Trump—face prosecution.
How would it look to a jury if the people who incited the failed insurrection go free, while the foot soldiers doing their bidding pay the price?
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How would it look to a jury if the people who incited the failed insurrection go free, while the foot soldiers doing their bidding pay the price?
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Such an outcome is offensive to the idea of fairness and equal justice for all.
What it may take to stop these liars— and deter others from spreading lies — will be seeing their names dragged into a criminal trial as part of a defense, which shines the spotlight on them.
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What it may take to stop these liars— and deter others from spreading lies — will be seeing their names dragged into a criminal trial as part of a defense, which shines the spotlight on them.
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The Trumps, @tedcruz, @HawleyMO, and @KellyannePolls of the world who have made their careers stirring the mob to a frenzy with lies never cared that their lies have deadly consequences.
Maybe this will make them care.
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
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Maybe this will make them care.
https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
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I personally believe that the storming of the Capitol will go down in history as the most shocking crime against the nation because it was instigated by the sitting United States President and his propaganda network.
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So naturally, members of the propaganda network want to move on.
https://twitter.com/revrrlewis/status/1348625109465116674
Naturally, people like @tedcruz, @HawleyMO, and @KellyannePolls want to be able to "condemn" the violence they sparked and then avoid personal responsibility for their destructive lies.
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https://twitter.com/revrrlewis/status/1348625109465116674
Naturally, people like @tedcruz, @HawleyMO, and @KellyannePolls want to be able to "condemn" the violence they sparked and then avoid personal responsibility for their destructive lies.
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