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When a small group of pro-Trump lawyers announced they would be filing challenges in court to overturn the results of the 2020 election in several swing states that voted for President Joe Biden, Trump campaign attorney Jenna Ellis referred to the team of Rudy Giuliani and Sidney Powell as having "RELEASED THE KRAKEN!"
This promptly became the butt of several jokes as Powell and Giuliani proceeded to lose case after case, with roughly 60 smackdowns in state and federal court — including from at least one judge appointed by Trump.
<p>This avalanche of defeats prompted jokes about the supposed fearsome "kraken" that was supposed to defeat Biden — including on Tuesday, when Ellis announced she was moving on with the end of the Trump campaign.</p><div class="twitter-tweet twitter-tweet-rendered" style="display: flex; max-width: 550px; width: 100%; margin-top: 10px; margin-bottom: 10px;"><iframe allowfullscreen="true" allowtransparency="true" class="" data-tweet-id="1351280256393609221" frameborder="0" id="twitter-widget-0" scrolling="no" src="https://platform.twitter.com/embed/index.html?dnt=false&embedId=twitter-widget-0&frame=false&hideCard=false&hideThread=false&id=1351280256393609221&lang=en&origin=https%3A%2F%2Fwww.rawstory.com%2Fr%2Fentryeditor%2F2650018372%23publish&theme=light&widgetsVersion=ed20a2b%3A1601588405575&width=550px" style="position: static; visibility: visible; width: 550px; height: 559px; display: block; flex-grow: 1;" title="Twitter Tweet"></iframe></div> <script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script><p>Marc Elias, a Democratic election attorney who had a direct role in defending against many of these failed court cases, had a mocking response.</p><div class="twitter-tweet twitter-tweet-rendered" style="display: flex; max-width: 550px; width: 100%; margin-top: 10px; margin-bottom: 10px;"><iframe allowfullscreen="true" allowtransparency="true" class="" data-tweet-id="1351327827711434753" frameborder="0" id="twitter-widget-1" scrolling="no" src="https://platform.twitter.com/embed/index.html?dnt=false&embedId=twitter-widget-1&frame=false&hideCard=false&hideThread=false&id=1351327827711434753&lang=en&origin=https%3A%2F%2Fwww.rawstory.com%2Fr%2Fentryeditor%2F2650018372%23publish&theme=light&widgetsVersion=ed20a2b%3A1601588405575&width=550px" style="position: static; visibility: visible; width: 550px; height: 496px; display: block; flex-grow: 1;" title="Twitter Tweet"></iframe></div>
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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?"
<p>
"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:
<p><br/></p>
<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>
</small>
</p>
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