MSN news โ 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 โvery big one.โ
Speaking with host Lindsey Reiser, McQuade ticked off the known possible accusation against Trump before touching on the latest one to be leaked.
โAs 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,โ she explained. โThe new one we are hearing is a very big one. It is inciting insurrection.โ
โThis is a crime that is not charged and that is because of the strong First Amendment defenses that anyone would have against it,โ she continued. โAnd 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 the Supreme Court said in a case called Brandenburg vs. Ohio.โ
โIt says that the government cannot criminalize speech unless it qualifies under this very, very high standards,โ she added. โThat 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.โ
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Jan. 6 committee eyes referring criminal charges for Trump | Watch (msn.com)
