Election 2020

Harvard Law Professor Reveals a Little-Used Law From the 1800s That Could Finally Seal Trump’s Fate

According to one of the country’s most well-respected constitutional law experts, there is one federal law prosecutors could use to hold former President Donald Trump accountable for inciting the January 6 insurrection, Raw Story reports.

That’s according to Harvard Law professor Laurence Tribe, who spoke to MSNBC’s Alex Witt about the ongoing criminal cases involving the insurrectionists.

“So, Laurence, the DOJ has actually named Trump, they’ve cited his false claims about the election, this in a legal argument to try to keep an accused capitol rioter under monitoring,” Witt said. “Does that connection create any legal jeopardy for him?”

“Well, it’s at least an indication that they’re beginning to connect the dots,” Tribe said.

“That is, if it is the case as the Department of Justice has asserted in saying that somebody ought to be constantly monitored and not trusted to be completely at liberty, if they’re saying that part of what is fomenting violence even now is the claim by Trump and some of his followers that the election was stolen, and if that is fomenting violence now, then the claim that it was all stolen and that the mob should use force to prevent the transition of power to Joe Biden by interrupting the counting of the electoral votes on January 6th, all of that seems to be part and parcel of a violation of a very important federal criminal law that goes back to the civil rights, civil war era. That is, 18 U.S.C § 2383,” Tribe explained.

The section that Tribe is referring to covers rebellion or insurrection.

“Whoever incites, sets foot on, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than 10 years, or both; and shall be incapable of holding any office under the United States,” per the law.

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This led Tribe to surmise:

“That law, I think may well apply to Donald Trump.”

Indeed it should apply to him. He exhorted these people to violence and was impeached for it. He still continues to think the rioters were “peaceful people, these were great people,” he said in an interview with Fox News’ Maria Bartiromo Sunday, according to Politico.

“The crowd was unbelievable and I mentioned the word ‘love,’ the love in the air, I’ve never seen anything like it,” he said, speaking from the Ellipse, near the White House on Jan. 6.

Trump is fond of exaggerating a situation if it suits him, and he did so here.

“Too much spirit and faith and love, there was such love at that rally, you had over a million people,” he said.

That’s a bit wide of the mark, Insider notes. Thousands, not millions were in attendance. And did all that “love” happen before or after people broke windows, violently attacked Capitol Police officers, or after they began threatening then-Vice President Mike Pence?

So yeah, let’s hope Tribe is right and that this law applies to Trump.

Watch the video below.

meet the author

Megan has lived in California, Nevada, Arizona, Texas, Louisiana, Mississippi, and Florida and she currently lives in Central America. Living in these places has informed her writing on politics, science, and history. She is currently owned by 15 cats and 3 dogs and regularly owns Trump supporters when she has the opportunity. She can be found on Twitter at https://twitter.com/GaiaLibra and Facebook at https://www.facebook.com/politicalsaurus

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