I thought the video by the House managers yesterday was powerful. It showed what can result after two months of continued lies about the election being stolen. But the legitimate free speech argument by the defense needs a deeper dive.
The constitution does not guarantee freedom of speech. It prohibits congress from passing laws that to a great degree can restrict free speech. It also does not protect those exercising free speech from being held accountable for what they say. Basically say what you want...
But be careful because you can be held to account for what you do say. So that will certainly become part of the discussion today and the days that follow. But what struck me most was not what Trump and others said. It’s what they didn’t say as the insurrection went on.
After declaring that he was going to March to the Capital and encouraging the crowd to fight like hell, he never went. Then as the unruly crowd murdered a police officer he sat in silence. Waiting hours to say a thing. This man who has something to say about everything.
He could have called on the crowd to stop. To leave peacefully before the damage was done. But he consciously decided to say nothing until the damage was done. The saddest day in my lifetime to watch. This is the argument to be made.
But the fix is in already. The Senate will not convict.
But many Americans will take heart. The American people did their own convicting as they always do when they make a choice on Election Day.
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