Why aren’t Gohmert, Wood and Trump charged under insurrection laws?

https://www.law.cornell.edu/uscode/text/18/2385

“Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government…”

 
Gohmert has called for Revolution like Egypt which installed a military dictatorship. And that only 30% supported the American Revolution (hint, hint). And that court rulings leave no option other than violence in the streets. Wood has called for the execution of GA governor and Secretary of State. Trump has called for wild demonstrations by his fans, including the “stand back, stand by” gang. # LIBERATE and storming a statehouse and kidnapping a governor?

Is there really much difference to a person extorting violence  on a soapbox and bullhorn? Are Gohmert and Trump supporting and defending the Constitution per their oaths?

These exhortations are not nuanced calls for legal activism.

 

 

22 thoughts on “Why aren’t Gohmert, Wood and Trump charged under insurrection laws?

  1. RE: “Why aren’t Gohmert, Wood and Trump charged under insurrection laws?”

    Because none of them could be found guilty of such a crime.

    Like

    1. You are correct.

      Advocating violence from a political seat seems to be more immune to law than standing on a street corner doing the same.

      And for reasons that I will actually agree with in certain circumstances. Political stability is a great deal dependent upon a reluctance to imprison our political opponents.

      A norm that Trump and his fans seem to cast aside for expediency and adoration at any cost.

      I was asked in a social gathering months ago among a few of friends (outdoors, distanced of course) whether Trump should go to prison for any number of crimes that he has dodged due to presidential immunity. I was the lone dissenter…then.

      Why? Because that sets a precedent for a drive right down perdition lane. Nixon’s pardon probably cost Ford the presidency in 1976, but it was the right thing to do.

      This does not excuse the calls for violence or insurrection by those bad actors, however. Nor will it protect those who leave office and still continue to push that agenda of murder and mayhem for political purposes.

      Trump has, and still does, pushed the limits of presidential power into uncharted territories. As did Nixon. You have quoted Adams about a country like ours works only for moral and religious people. Yet due to a wrinkle in our political fabric, we managed to elect a man who is neither and his contempt for both the Constitution and the rule of law is breathtaking.

      I said “then” when referring to the conversation with friends about prosecuting Trump. I find myself more reluctant to dismiss that route after watching his bald faced attempts to steal an election. First by innumerable lawsuits, then threats and extortion against state leaders, then a twisted interpretation of the law that allows VP appointment of a president, and finally to encouraging insurrection and violence, directly and through surrogates, at the Congressional Electoral College event.

      Maybe it is just me, but I really feel we need a president who cares about America more than he cares about his hair, golf, twitter and rock star adoration by fans.

      Liked by 4 people

      1. The situation is a lot simpler than all that. No prosecutor could ever establish criminal intent. You can’t, either.

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          1. What makes you think bad actors have called for violence? Show us how they “willfully” and “knowingly” did so.

            Like

          2. With all due respect, these have been posted many, many times.

            And if these calls for revolution, wild demonstrations, insurrection and violence in the streets (like Egypt had when they overthrew an elected president and installed a military dictator.) were not done willfully and knowingly, then we have a matter of mental incompetence calling for the 25th Amendment to protect us all.

            Liked by 2 people

          3. The Trump fan version of “Death by 1000 Cuts” and endless “but, but…”. as in “more butts than a toilet seat in Grand Central Station 1945”. (Borrowing a phrase from expressions of sexual envy.)

            Liked by 2 people

        1. RE: “With all due respect, these have been posted many, many times.”

          And all fallaciously. The error you consistently make stems from believing your own assumptions. In this case, you assume (wrongfully) that the three perpetrators are guilty of insurrection, so you twist your “evidence” to suit the crime.

          Like

    1. “The people of Georgia are angry, the people in the country are angry,” he said. “And there’s nothing wrong with saying, you know, um, that you’ve recalculated.”

      Hey, Rocco, tell Raffy that either his signature or his brains will be on that “recalculation” order.

      Rule of Law might have been skirted by the president.

      Was GA expecting some anti-tank weapons…never mind, wrong extortion.

      Liked by 2 people

      1. I think a big part of the GOP motivation (power madness aside) is their fear that a LOT of corruption will be investigated relative to Rocco and his cohorts when those who have kept their heads down during the failed insurrection are able to act on what they know.

        The wheels turn sloooowly but they DO move…

        Liked by 2 people

          1. I always think of Theodore Parker when this concept comes up. I became aware of him through my interest in Ralph Waldo Emerson and the Transcendentalists. Interesting guy for his time.

            And I continue to believe his sentiment is true….

            Liked by 2 people

          1. Trump: I want to see Biden in prison.

            Biden: Why does Trump think I would visit him in prison?

            True story! A telephone interview on OANN and RT.

            Liked by 1 person

    2. In all seriousness, and this is a very serious issue, listening to that phone call was chilling. Any
      Republican that claims allegiance to America and is not outraged by this call should be ashamed of themselves.

      Of course that might require a certain sense of morality and ethics. So it might be just a dream.

      PS: here is a “Tiny URL” version of the link so it doesn’t take up so much space.

      https://tinyurl.com/y75edq8r

      If you are not familiar with Tiny URL, here is a link.

      https://tinyurl.com/create.php?url=about%3Ablank

      Liked by 1 person

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