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On Monday's edition of CNN's "OutFront," Harvard Law professor Laurence Tribe broke down why Trump's behavior in the runup to the Capitol invasion is not protected speech.
"Trump did not go to the Capitol, as you mentioned, right? Even though he said he was going to do it," said anchor Erin Burnett. "The reality of it is, of course, he wasn't physically there. Does his First Amendment right to freedom of speech ... does it protect him at all here?"
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"Not at all," said Tribe. "I don't know many people who are stronger First Amendment advocates than I am. But even if my life depended on it, I couldn't persuade myself that he was exercising the freedom of speech. It's ludicrous. There is no free speech defense to someone who doesn't just yell fire in a crowded theater, to use the old metaphor, but sets fire to a crowded theater and watches while it burns. That's what this guy did. This wasn't just speech. Anyway, the freedom of speech belongs to citizens. It doesn't belong to the person that is at the head of government."</p><p>
"So can Trump be prosecuted criminally for what happened at the Capitol, separate from a Senate trial?" asked Burnett.</p><p>
"I think so," said Tribe. "I mean, there are various statutes. I found four or five that he almost certainly violated. I'm not going to jump ahead of Merrick Garland, and the Justice Department will investigate systematically. And if he has committed sedition, if he has conspired to commit insurrection, I think he certainly should be prosecuted. But the issue now is not what happens after he is out there as a private citizen at Mar-a-Lago or wherever he is. The issue is protecting the nation from him, by disqualifying him from ever again running for office."</p><p>
Watch below:
</p><iframe allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen="" frameborder="0" height="360" src="https://www.youtube.com/embed/pTlbFPk6euY" width="640"></iframe>
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On Monday evening, Joe Biden's Presidential Inaugural Committee is hosting ""United We Serve: A Celebration of the National MLK Day of Service."
Watch live:
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<p class="shortcode-media shortcode-media-youtube">
<span class="rm-shortcode" data-rm-shortcode-id="274b3936a57bb64301d0c361aa80147d" style="display:block;position:relative;padding-top:56.25%;"><iframe frameborder="0" height="auto" type="lazy-iframe" scrolling="no" data-runner-src="https://www.youtube.com/embed/XwbCVlHq1us?rel=0" style="position:absolute;top:0;left:0;width:100%;height:100%;" width="100%"></iframe></span>
<small class="image-media media-caption" placeholder="Add Photo Caption...">United We Serve: A Celebration of the National Martin Luther King Day of Service</small>
<small class="image-media media-photo-credit" placeholder="Add Photo Credit...">
<a href="https://www.youtube.com/watch?v=XwbCVlHq1us" target="_blank">www.youtube.com</a>
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White House chief usher doesn't want to go back to Trump Hotel after Biden inauguration: report
January 18, 2021
One White House aide is uninterested in returning to work for Donald Trump in the private sector after Joe Biden inaugurated on Wednesday.
"The Bidens were never invited to meet the residence staff, or canvass the second floor of the White House, which has 16 rooms and six bathrooms and will now be their home," the newspaper reported Monday. "The Biden transition team has, however, been in contact with Timothy Harleth, the chief usher who was hired by Mrs. Trump in 2017 from his post as director of rooms at the Trump International Hotel in Washington, to coordinate the move."
<p>"Mr. Harleth's appointment was highly unusual: the chief usher has typically been a nonpolitical public servant, often with a military background, who does not turn over with administrations. Because of Mr. Harleth's connection to the Trump Organization, some had speculated that he would leave with the outgoing president," the newspaper noted. </p><p>"While he has not discussed his future with Dr. Biden, Mr. Harleth is expected to stay for now, according to administration officials, handling personnel issues, planning family dinner menus and managing the budget for the residence. He has made it clear that he is very eager to stay on permanently, and does not want to be viewed as a Trump loyalist though he has also hired other staff members from Trump properties," the newspaper noted.</p>
<div class="rm-shortcode" data-rm-shortcode-id="80ac2eb94e248e01c8e324684e85bfe1" id="2612e"><blockquote class="twitter-tweet twitter-custom-tweet" data-partner="rebelmouse" data-twitter-tweet-id="1351333620796059649"><div style="margin:1em 0">The chief usher, hired from the Trump Hotel by @FLOTUS , is eager to stay on permanently.
He has hired other staff… https://t.co/n0allgAIGk</div> — Annie Karni (@Annie Karni)<a href="https://twitter.com/anniekarni/statuses/1351333620796059649">1611018016.0</a></blockquote></div>
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