Newly revealed possible criminal charge against Trump is a 'very big one': former prosecutor
During an appearance on MSNBC on Saturday morning, former U.S. Attorney Barbara McQuade was asked what she expected in the way of criminal referrals related to Donald Trump next week from the House Jan. 6 committee and she claimed a new one that is just popping up could be a "very big one."
Speaking with host Lindsey Reiser, McQuade ticked off the known possible accusations against Trump before touching on the latest one to be leaked.
"As we heard the reporting, it sounds like some of the charges are ones we have been talking about for a long time like obstruction of official proceedings, and a conspiracy to defraud the United States," she explained. "The new one we are hearing is a very big one. It is inciting insurrection."
"This is a crime that is not charged and that is because of the strong First Amendment defenses that anyone would have against it," she continued. "And you know, there is nothing illegal about giving a fiery speech, but, if the committee is to recommend charges for inciting insurrection, it will be because they believe that Donald Trump crossed the legal line with what the Supreme Court said in a case called Brandenburg vs. Ohio."
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"It says that the government cannot criminalize speech unless it qualifies under this very, very high standard," she added. "That is, it is designed for the purpose of just inciting imminent, lawless action, and likely to have that effect. So, recommending that charge would mean that it is their finding."
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