Contributions by ‘Alan Z. Rozenshtein’

January 6, Ambiguously Inciting Speech, and the Over-Acts Rule

The January 6 invasion of the Capitol was the most serious attack on American democracy since the Civil War. At his “Stop the Steal” rally before the armed crowd stormed the Capitol, Donald Trump gave a speech urging the crowd to “fight like hell” against a stolen election and march to the Capitol, where Congress was preparing to certify the electoral college vote. In an unprecedented step, the House Select Committee to Investigate the January 6th Attack on the United States Capitol (January 6 Committee) officially referred Donald Trump to the Department of Justice for criminal prosecution on obstruction of an official proceeding, conspiracy to defraud the United States, conspiracy to make a false statement, and, most seriously, incitement of insurrection.

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