“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. Just for the purposes of keeping score, Tribe declared evidence supporting criminal charges of witness tamperingobstruction of justice, criminal election violations, Logan Act violations, extortion, espionage, and treason by Trump or his family.  He has now added attempted murder in an interview on CNN’s “Erin Burnett OutFront.” In addition to declaring former President Donald Trump clearly guilty of the attempt to murder Vice President Mike Pence on January 6, 2021, Tribe is again assuring viewers that “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” I guess there is no doubt. There is also no compelling legal basis for the claim. Nevertheless, Tribe is promising more if needed: “There are other crimes that have been proven. Those are plenty to start with.”

In light of Tribe’s prior declarations of the long litany of criminal acts by Trump, the opening question of Burnett seemed almost rhetorical bordering on the comical: “From everything you have seen so far, including the hearing today that focused so much on Trump causing violence against Pence, do you believe the committee has proven that Trump himself knowingly committed crimes?”

Tribe responded:

“Without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious. The most obvious was that he was ordering his vice-president to do what everyone in the room knew would be illegal, namely, exercise power to pick the next president. It would be very convenient if Al Gore could have picked himself as the next president in 2000, very convenient if Richard Nixon could have done it in 1960.

“Ordering your vice-president to violate the law in order to stay in power is a very serious federal crime, but there are other crimes as well. One that occurred to several people today is attempted murder. You know, under the criminal code of the United States, the attempted murder of the vice-president is punishable by life imprisonment. What we saw with the president egging the crowd on, telling them that, basically, his own vice-president was a traitor while he knew that the mob had gallows waiting for him, that’s pretty serious stuff. You don’t have to go to law school to know that there’s something seriously criminal about that. There are other crimes that have been proven. Those are plenty to start with.”

It is a curious thing that these crimes “have been proven” but Trump has not been charged with them. After the riot, District of Columbia Attorney General Karl Racine announced that he was considering arresting Trump, Donald Trump Jr., Rudy Giuliani and U.S. Rep. Mo Brooks and charging them with incitement. So what happened to that prosecution? The failure of Racine to charge Trump was not due to any affection or loyalty to the former president. It was due to the paucity of direct evidence of a crime that would hold up in court.

Tribe notably cuts directly to the punishment for attempted murder rather than the elements.  The elements of attempted murder require specific intent to kill and the commission of some direct but ineffectual act toward accomplishing the intended killing.

Many of us criticized Trump for his insistence that Pence could effectively block certification of the election. I publicly condemned Trump’s speech while it was being given and said that Pence was a profile of courage in resisting such calls. However, calling for protests to pressure Pence to reject the votes is no evidence of specific intent. The Select Committee has maintained that Trump also said that, when made aware of the rioters’ chants to ‘hang Mike Pence,’ the president responded that maybe they have the right idea since he “deserves it.” That statement after the start of the riot would again fall wildly short of any claim of specific intent.

Tribe could argue that a claim could be made under a “natural and probable consequences” argument, which has been curtailed in states like California. See People v. Gillespie, 2022 Cal. App. LEXIS 3055 *, 2022 WL 1564200.  Indeed, in People v. Vallejo, 2021 Cal. App. LEXIS 1033 *, 2021 WL 633384, the court noted:

Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. (See People v. Swain (1996) 12 Cal.4th 593, 605, 49 Cal. Rptr. 2d 390, 909 P.2d 994 [“‘Specific intent to kill is a necessary element of attempted murder. It must be proved, and it cannot be inferred merely from the commission of another dangerous crime.” [Citation.]’ [Citations.]”.) In other words, the natural and probable consequences doctrine may apply to felony murder, but it is not properly applied to attempted murder.

There are cases in other states that apply the natural and probable consequences doctrine but it still requires substantial acts and intent on the part of the defendant. This is usually found in such acts like firing a weapon and missing.

Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.” Braxton v. United States, 500 U.S. 344 (1991). In Braxton, the defendant was charged with attempted murder of a federal marshal after he fired two shots through his front door where marshals with an arrest warrant were standing. The Court wrote that “[s]ince the statute does not specify the elements of “attempt to kill,” they are those required for an “attempt” at common law, … which include a specific intent to commit the unlawful act. ‘Although a murder may be committed without an intent to kill, an attempt to commit murder requires a specific intent to kill.'” 

I know of no case where a speech of this kind was treated as sufficient to establish attempted murder. Indeed, such a claim would contradict controlling Supreme Court precedent.

In Brandenburg v. Ohio, the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “imminent lawless action and is likely to incite or produce such action.”

It is common for political leaders to call for protests at the federal or state capitols when controversial legislation or actions are being taken. Indeed, in past elections, Democratic members also protested elections and challenged electoral votes in Congress.

The problem for prosecutors is that Trump never actually called for violence or a riot. Rather, he urged his supporters to march on the Capitol to express opposition to the certification of electoral votes and to support the challenges being made by some members of Congress. He expressly told his followers “to peacefully and patriotically make your voices heard.”

Trump also stated: “Now it is up to Congress to confront this egregious assault on our democracy…And after this, we’re going to walk down – and I’ll be there with you – we’re going to walk down … to the Capitol and we’re going to cheer on our brave senators and congressmen and women.”

Yet, Tribe declared “What we saw with the president egging the crowd on, telling them that, basically, his own vice-president was a traitor while he knew that the mob had gallows waiting for him, that’s pretty serious stuff. You don’t have to go to law school to know that there’s something seriously criminal about that.”

As a factual matter, it has not been suggested by the Committee that Trump knew that protesters brought that gallows to the scene. Most of us found about about the gallows and chant after the start of the riot.

Tribe further predicted that Attorney General Merrick Garland would criminally charge Donald Trump.

If so, Garland may want to consult with other experts before including this particular charge. Tribe’s suggestion that Trump could be prosecuted for attempted murder on this evidence is utter nonsense.

The Select Committee has not made such a claim but has promised that a criminal conspiracy will be established by the hearings. That evidence may still be forthcoming, but that case has not been made in my view in the last three hearings. There have been new videotapes and testimony supporting what we already knew: that Trump was told that the election fraud claims were unsupported and that he continued to assert a theory about Pence’s authority that most of us rejected as unfounded. The testimony has been powerful and gut-wrenching. Yet, there has to be more direct and substantial links to the violence to offer a compelling basis for prosecution.

Tribe has of course never lacked confidence that his lengthening list of crimes have been “without any doubt, beyond a reasonable doubt, beyond any doubt.” Yet, if he is going to add attempted murder, he should have more than the repetition of conclusory statements to offer. “You don’t have to go to law school to know” that the law is based on evidence and elements. Indeed, students go to law school to learn the element of crimes, not just their punishment. Indeed, few of us would allow students to start a discussion of a possible crime by simply declaring the crime and stating the possible sentence. If Professor Tribe believes that a case for attempted murder is clearly established, he may want to start with the elements.

187 thoughts on ““Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder”

    1. That’s it? Typical trumper no accountability. Never admit a thing. Change the subject. What’s next Biden son or hillaries e-mails? Trump did it we all know he did it, why are you on Russia’s side in this dude? Use your words stay on subject.

  1. Mike “The Traitor” Pence, you’re no James Bayard.

    “James A. Bayard of Delaware, under intense pressure and fearing for the future of the Union, made known his intention to break the impasse.”

    https://www.loc.gov/rr/program/bib/elections/election1800.html
    __________________________________________________

    “1800 Presidential Election Results”

    “Democratic-Republican Thomas Jefferson defeated Federalist John Adams by a margin of seventy-three to sixty-five electoral votes in the presidential election of 1800. When presidential electors cast their votes, however, they failed to distinguish between the office of president and vice president on their ballots. Jefferson and his running mate Aaron Burr each received seventy-three votes. With the votes tied, the election was thrown to the House of Representatives as required by Article II, Section 1 of the U.S. Constitution. There, each state voted as a unit to decide the election.

    Still dominated by Federalists, the sitting Congress loathed to vote for Jefferson—their partisan nemesis. For six days starting on February 11, 1801, Jefferson and Burr essentially ran against each other in the House. Votes were tallied over thirty times, yet neither man captured the necessary majority of nine states. Eventually, Federalist James A. Bayard of Delaware, under intense pressure and fearing for the future of the Union, made known his intention to break the impasse. As Delaware’s lone representative, Bayard controlled the state’s entire vote. On the thirty-sixth ballot, Bayard and other Federalists from South Carolina, Maryland, and Vermont cast blank ballots, breaking the deadlock and giving Jefferson the support of ten states, enough to win the presidency.”

    – Library of Congress
    _________________

    “Mike Pence, you’re no Thomas Jefferson.”

    – Real President Donald J. Trump, 6/17/2022
    ____________________________________

    Mike Pence is a putrefied hybrid of Judas Iscariot and Benedict Arnold.

    Presumably, the man who failed the Republic, the Constitution and America got his 30 pieces of silver.

  2. It should be obvious by now, Tribe is an educated, but idiot, which is so typical of far too many academics. The man is not even American! Yes, he grew up here – after his family migrated from Europe by way of China. He has zero comprehension of what America is about and no understanding of American law, yet he’s a Harvard professor. No wonder this country is gotten so screwed up with law professors like him.

  3. Tribe ignores not only the facts but also the law. His personal politics are warping his perceptions of both the law and the facts. It is unfortunate that the press reiterates his illogical rantings and opinions, giving them a life of their own. At some point we should all shun and ignore him. I put him in the catagory of unworthy of consideration.

    1. OK, I’ll bite: what “facts” did Tribe “ignore”? List some or just shut up. Or, should I just tune in to OAN, NewsMax, InfoWars, Breitbart and/or Fox to hear their “take” on the real facts.

  4. How an someone as dumb as Tribe be at Harvard!? LOL! There are more intelligent professors at my local community College.

  5. Letting Putin remain in power after the war would be like letting Hitler remain in power. He will just take another stab at it at another time in the future. This cannot be allowed to happen. No land for peace deal. The is idea is an affront to international law. The internationally recognized borders must be restored to what they were before 2014.

    1. The internationally recognized borders must be restored to what they were before 2014.

      Shouldn’t the Biden administration restore our southern border to what was internationally recognized in January 2021 first?

  6. Indiana Man Pleads Guilty to Carrying a Gun and Assaulting Law Enforcement Officers in Jan. 6 Capitol Breach
    Firearm Was Loaded with Shotgun Shells and Hollow-Point Bullets

    WASHINGTON – An Indiana man pleaded guilty today to carrying a loaded gun on Capitol grounds and assaulting law enforcement officers during the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

    Mark Andrew Mazza, 57, of Shelbyville, Indiana, pleaded guilty in the District of Columbia to assaulting, resisting, or impeding officers with a dangerous weapon and carrying a pistol without a license.

    According to court documents, Mazza brought a Taurus revolver, loaded with three shotgun shells and two hollow point bullets, into Washington, D.C., to the Ellipse, and then to the Capitol. Sometime on U.S. Capitol grounds before 2:45 p.m., Mazza lost possession of the revolver. Mazza illegally made his way to the Lower West Terrace and a tunnel area with doors leading into the Capitol Building. He joined in a collective effort of rioters to push through at least 20 officers who were defending the tunnel entrance. At approximately 3:13 p.m., Mazza moved to the front of the tunnel line, next to the first set of doors. He held open one of the doors, and, as he did so, he allowed other rioters to attack officers with flag poles, batons, sticks and stolen law enforcement shields, and try force their way through the line of officers. Thereafter, he took control of a baton from an officer’s hand and swung it overhead and downward to strike at officers in the tunnel entrance, hitting one officer in the arm. After striking at the officers with the baton, he continued his efforts to get past law enforcement officers and yelled, “This is our f—- house! We own this house!” …
    https://www.justice.gov/usao-dc/pr/indiana-man-pleads-guilty-carrying-gun-and-assaulting-law-enforcement-officers-jan-6

  7. “Just for the purposes of keeping score, Tribe declared evidence supporting criminal charges of witness tampering, obstruction of justice, criminal election violations, Logan Act violations, extortion, espionage, and treason by Trump or his family. He has now added attempted murder . . .”

    A man has a long track record of not just being wrong — but of being hysterically wrong. Why do some still trust his judgment?

    1. He also said that Biden had the authority to renew the eviction moratorium after the SCOTUS let it run out, saying it was up to Congress to renew. He was proved wrong very quickly.

      1. I am forever on the internet reading the dumbest thing I’ve ever seen and I ask myself “who on earth would write something so obviously idiotic?” And the answer is always Lawrence Tribe. Much as I’d love to see Trump prosecuted this isn’t the way and he isn’t the guy. This is the same dude who tried to revive the “trillion dollar coin” idea to eliminate the national debt as recently as last year which should give you an idea of where his heads at (for those Unfamiliar with this theory it’s kind of like believing the Tooth Fairy could end the next recession if only we supplied her(?) with enough teeth). If anything he might be a bigger fool than Turkey.
        Trump is a garbage person and deserves to be prosecuted to the fullest extent of the law. But it needs to be done by a normal lawyer not some internet tinfoil-hat weirdo who believes in magic coins and giant bean stalks and whatever.

    2. According to WHOM does Tribe have “a long track record of not just being wrong–but of being hysterically wrong”? Turley? The paid mouthpiece for Fox? Here’s just a quick reference for you non-lawyers out there: Tribe has written multiple texts on Constitutional Law. Turley has not. Tribe teaches Constitutional law at Harvard, which is a far more prestigious institution than where Turley teaches torts (auto accidents, dog bites, and the like) and criminal law. Turley isn’t in the same leage as Tribe by a long shot. Turley does not, and, thanks to his alignment with Fox, never will earn the prestige in the legal community that Tribe has earned.

      Turley has to attack Tribe because there’s just no way to attack the facts and the sources of the facts presented by the Jan. 6th Committee. Fox has tried to attack the Committee as biased, but, other than the Capitol Police officer who suffered a traumatic brain injury and the reporter embedded with the Proud Boys, the witnesses have all been Trump insiders, including Ivanka, Jared, White House counsel, and Trump campaign officials. It turns out that Trump exhorted his fans to go after Pence after knowing that they had breached the Capitol. One of the Proud Boys admitted that if they could have gotten hold of Pence and Pelosi, they planned to kill them. Trump publicly lied by putting out a tweet that Pence agreed that he could reject Biden Electors and return them to certain states for Trump electors. Pence NEVER agreed to do this. Just another lie. Trump relentlessly pounded on Pence to pressure him to violate the law, including calling him a “wimp” and the “P” word, in front of witnesses, including Ivanka. Pence consulted multiple experts, including a (now retired) federal judge (who was on the short list for the SCOTUS when Alito was chosen) who told him there is NO discretion to the purely ceremonial function of the VP tallying up the votes from the Electoral College. If that were not so, Al Gore could have simply rejected the votes of the Electoral College and declared himself President. If that were not so, Kamala Harris could simply reject enough Electoral College votes and delcare Biden and herself winners in 2024. This puts into context just HOW Trump planned to undermine American democracy and deny Americans their choice of President. Trump was told by everyone, except John Eastman and Giuliani, that Pence could not do this. Eastman has taken the fifth dozens of times when asked questions about his role in the insurrection. He requested a presidential pardon. What does that tell you?

      The concerns about murder come from the fact that, despite knowing that his fans had breached the Capitol, Trump kept encouraging his fans to go after Pence to “do the right thing”. He was hoping to prevent Biden’s victory from being certified, to buy more time to try to insert fake electors who would say he won or get some judge to issue a favorable ruling, and didn’t care at what price. He literally didn’t care if Pence was injured or killed, so long as he got his way, and egging on his fans after he knew Pence was already in a position of grave peril is proof of this. This is essentially murder by proxy. Perhaps the most telling thing of all is that after Pence and his team were moved to a secure location, the Secret Service brought limousines for all of them. His team got into the limos, but Pence steadfastly refused, according to a member of his staff. The reason? He knew that Trump controlled the Secret Service, and would not put it past Trump to have him spirited someplace far away against his will, if necessary, to prevent him from certifying Biden’s victory. Pence knew what sort of desperate egomaniac he was dealing with–one who said, in response to the chants of “Hang Mike Pence”, that “maybe they have the right idea.”

      How could anyone analyze these facts, all from Trump insiders, other than a willingness to allow Pence to be injured or killed, if necessary, to try to overturn the will of the American people, just to keep power? The evidence is not from never Trumpers–it’s all from Trump insiders, and it is compelling. Does any of this sound like something that could happen in America, or does it sound more like a fictional movie?

      And, before you go canonizing Pence as some kind of saint, bear in mind that he very well could have publicly said, long before Jan 6th, that he wasn’t going to refuse the slates of Electors because the law didn’t allow it. After making such a public announcement, he could simply have gone away somewhere and refused to speak further with Trump. Would this have stopped the insurrection? We know the Proud Boys and Oath Keepers were planning to invade, but what if they didn’t have that army of supporters to back them up? Would the Capitol Police have been able to keep them away? Would they have gone in anyway? Probably not. Pence bears responsibility for not speaking up sooner.

      1. “Here’s just a quick reference for you non-lawyers out there: Tribe has written multiple texts on Constitutional Law.

        True, and he deserved respect until he developed terminal TDS. Now he sounds more like a lunatic professor. I am sure you enjoy his company.

      2. “Tribe has written . . .”

        Last i checked, neither appeal to authority nor ad hominem are arguments.

        Don’t they teach basic fallacies in law school?

      3. With respect to Tribe – once he was a great lawyer. I have read his work and respected it – even though I did not always agree.
        But he has made a fool of himself.

        Many other “experts” who sought to curry favor of the left have done the same – Krugman comes to mind – he Earned his nobel, but long before Tribe destroyed his own reputation – Krugman burned his to the ground.

        We are in the economic mess we have now – because too many bought Krugman’s nonsense that we could spend however much we wanted.

        “Do your own research. Make up your own mind. Think for yourself.”

      1. It is nothing short of amazing the lengths to which Trumpsters will ignore facts, believe lies and create conspiracy theories to avoid the uncomfortable truth about their hero. You really and truly cannot accuse Trump insiders of lying about what they saw and heard, but Fox tries to anyway. You really and truly can’t call the J6 proceedings biased when there are 2 Republicans on the committee and McCarthy pulled 3 other memberrs (out of 5) because Pelosi rejected the other two: Banks and Jordan who were directly involved in the insurrection. Now, you’ve got Laurence Tribe posing as a woman who is a nurse and attorney. Psychologists will study this period in American history in order to explain the group delusion that accounts for Trump supporters who are blind to reality: believing lies in the face of massive amounts of proof, ignoring the implications of a POTUS encouraging his fans to hunt down the VP, knowing at the time that he was in a position of grave peril because the mob had invaded the Capitol. Trump let this go on for hours before telling the faithful to go home and that he “loved them” and they are “special”. You have a VP who refuses to get into a limo driven by Secret Service because he knows that the POTUS controls the Secret Service and is desperate to prevent the VP from performing the ceremonial duty of accepting the electoral college vote counts. It’s just like the studies that explain how someone like Hitler, who had been, before he seized power, a homeless loser who had spent time in a mental institution, got the German citizenry to turn against their Jewish neighbors, doctors, friends, college professors, musicians, co-workers, artists, etc and ship them off to death camps.. Hitler took over radio and newspapers, the only media at the time, and spread lies, just like Fox, OAN, NewsMax, InfoWars and Breitbart, who tell their faithful that other media are really the liars and can’t be trusted. They encourage Trump fans to not even see the testimony of the witnesses, who are almost all Trump insiders. They have created a group that is wilfully immune to facts, which is dangerous, just like the lies and propaganda in post-WWI Germany that allowed Hitler to rise to power. Hitler blamed Germany’s post-WWI economic woes on Jews and Trump blames Democrats for every problem we face, the most serious of which are his fault, like inflation, the national debt and the pandemic. It’s truly stunning that Trump’s lying about a “stolen landsllide victory” is done under the auspices of the American flag and patriotism. It is indeed dangerous when substantial numbers of people cannot and will not listen to facts and believe the lies of a television personality, and yet believe themselves to be well-informed and even patriotic. What can you do with people who are so indoctrinated that facts and reason cannot penetrate their consciousness?

        1. Ive tried to read you.
          I would go until it just wasn’t worth it.
          Then I would spot read portions, looking for meaningful content
          The I tries speed reading, nope
          Then a quick scan to catch a drift,m no dice.
          Now in first sentence I just scroll for length, look at the name, and move on.

          Nobody has worked harder than me to read you. But I cant

          Nobody is reading this. including those you agree with

  8. Jonathan: It must drive you crazy that Laurence Tribe gets more TV face time than you. Proving “intent” is one of hardest things for prosecutors to prove in a criminal case. But circumstantial evidence is often used–an inference that someone committed a crime–like a suspect was seen by a witness fleeing the scene on foot after a bank robbery. This is the case in California criminal trials and all other state and federal criminal courts. We now know Trump wanted to march up to the Capitol next to the Proud Boys on Jan. 6. He was only prevented from doing so because of the Secret Service. Probably prevented him from getting into a lot more legal trouble. That said, there are so many other crimes Trump committed it would seem adding “attempted murder” is just piling on.

  9. If words like “Stalin” and “show trial” come to mind, well, then you’re paying attention. Meanwhile, actual attempted murder, no doubt spurred on by Schumer, Pelosi and the rest of the hypocrite mob, took place against Justice Kavanaugh, and the media barely mentioned it. Who do they think they’re fooling?

    1. The guy planned violence, but he turned himself in before ever attempting violence. It should be and has been condemned.

      If you’re concerned about someone who plans to kill someone and shows up but doesn’t find the person, then you also should be concerned about the subset of J6 protesters who said they wanted to kill Pence and Pelosi and showed up on J6 looking for Pence and Pelosi.

      1. There’s nothing stopping Merrick Garland from charging Trump with violating federal fraud statutes for raising $250 million for Trump’s 100% fake and non-existant Official Election Defense Fund.

        Not a single dime of that $250 million was spent on any TRUMP OFFICIAL ELECTION DEEFENSE FUND; instaed Trump spent th emoney on his personal expenses, which is a straightup federal felony violation of the federal fraud statutes.

        If you or I raise money for a cause or claim that is false or that is a purposeful misrepresentation of the facts, we can be quickly charged by a U.S. Attorney’s Office and prosecuted for such criminal activity.

        Unless you are Donald Trump or a Republican MAGA supporter who raised over one quarter of a billion dollars making the court-verified, demonstrably false claim that Trump won the 2020 U.S. Presidential election and that Democrats and Biden cheated to win the election.

        For instance, federal fraud statutes in the United States generally require proof of a “scheme or artifice” to defraud or deprive another person of money or something else of value, by use of a purposeful misrepresentation of a material fact that the alleged offender knows is false.

        There is nothing in federal law that prohibits Attorney General Merrick Garland from federally-prosecuting Donald Trump and other Republicans from being charged with a federal crime under the federal fraud statutes, for raising and continuing to raise well over half a $1 billion on the court-verified BIG LIE that Trump won the 2020 U.S. Presidential election.

        President Biden is too afraid of the Trump blowback he will receive if Biden directs Garland to start prosecuting these criminals for violating federal fraud statutes.

        Biden and every President has every right to appoint an AG who will reflect the President’s view of justice.

        If Garland doesn’t prosecute Trump and the gang for violating federal fraud stautes, Biden should fire and replace Garland with an AG who will charge and prosecute these rogue Republican criminals.

        https://www.cbsnews.com/news/january-6-committee-hearing-fundraising-trump-campaign-allies/

        1. I predicted two days ago this would be in the next carefully curated, and leaked, threat to democracy.

          This is the EXACT play book used during the Russia scam pushed on us.
          Dems have a full que of leaks set to go out 3-4 times a week.

        2. Biden should not be directing Garland to do anything other than to act within the bounds of our laws and to charge people with federal crimes when there’s evidence beyond a reasonable doubt that they’ve committed federal crimes. Beyond that, Biden should stay out of the decision-making. Thankfully, so far Biden has done so.

          I certainly hope that Garland eventually decides that he has evidence beyond a reasonable doubt and prosecutes “Trump and the gang,” but I am trying to be patient. The J6 prosecutions are a huge effort.

          1. Thankfully, so far Biden has done so.

            The White House working with the assc of schoolboards to draft a letter and get it to Garland, is evidence that suggests the White House is in daily contact with Garland.

          1. Keep in mind that the election was the most-secure in US history according to Trump’s own head of Cybersecurity, that it has been proven that there was NO widespread fraud, that Trump claimed, before Election Day, that the “only way” he could lose was by rigging the election, despite knowing that he was predicted by every single poll to lose, that 60+ lawsuits and 38 audits proved he lost, and that he KNEW this before starting the insurrection. THESE ARE FACTS. Your claim of fraud is bogus.

            1. You keep repeating the Big Lie. Everyone knows Joe Biden did not get 81,000,000 legitimate votes.

            2. ” the election was the most-secure in US history”

              I wouldn’t expect anything more from a mind that has been taken over by TDS.

              Read the present investigations, See 2000 Mules. Either that or rid out of town on one.

        3. DOJ should be investigating Biden and staff for criminal conspiracy to violate our immigration laws and to facilitate the smuggling and trafficking of foreign nationals across our borders.

      2. He turned himself in before he got arrested. But he knew the jig was up.
        Maybe you could help me with the time line.
        Early reporting said he got out the car in front of Kananaughs house at 1:05, and was arrested at 1:55. He made Two 911 calls, but I cant find those times either.
        either there is a news blackout, our the media is hiding the facts.

            1. But the question is what prompted him to turn himself in: his sister encouraged him to do that.

          1. “. . . his suicidal ideation.”

            Typical Leftist move: Try to portray the monster as a mental disease victim.

            And for the record: It wasn’t “suicidal ideation.” It was: A homicidal *plan*.

            1. He was thinking of both homicide and suicide. He called his sister, he told her of his suicidal ideation (and I don’t know whether he also told her of his thoughts of homicide), and she encouraged him to call 911.

              A relative of mine committed suicide decades ago. Perhaps you take suicidal ideation lightly. I do not.

    2. Days after the would-be-assassin turned himself in, Kavanaugh protestors are shouting “you’re a rapist!” while marching in front of his house, banging and clanking, disrupting his neighbors and the Biden DOJ simply ignores the law, ignores the threat, and allows it to continue, even encourages it. Absolute disgrace. Impeach Merrick Garland.

      1. The First Amendment protects their right to say that Kavanaugh is a rapist (I don’t agree, but that’s beside the point). If they’re breaching the peace by being too loud, they should be fined for that.

  10. In most other jurisdictions, I would agree that this evidence would not support an indictment on (much less a conviction for) attempted murder. But for the Federal District Court for the District of Columbia, the canon of aliquam quis male fully applies, from which there is no defense or mitigation. Aliquam quis male is an ancient doctrine (adopted on January 20, 2017) that holds that the Orange Man is bad, and whatever the Bad Orange Man does, or is done on his behalf, is bad and illegal.

  11. Does this mean that Tribe is now teaching Harvard Law students that you don’t need elements to substantiate a finding of attempted murder and that all you need to do is declare an attempted murder charge and go right to the sentencing phase? Tribe is getting more deranged as he gets older.

  12. Applying the Tribe precedent, Chuck Schumer should be tried for attempted murder of justice Kavanaugh.

  13. As the National Task Force on Election Crises noted it is time to update the Electoral Count Act of 1887 and made a number of recommendations. Now it is up to Congress.

    The National Task Force on Election Crises is a diverse, cross-partisan group of more than 50 experts in election law, election administration, national security, cybersecurity, voting rights, civil rights, technology, media, public health, and emergency response. The Task Force’s mission is to prevent and mitigate a range of election crises by calling for critical preventative reforms to our election systems. The only electoral outcomes the Task Force advocates for are free, fair, and safe elections in the United States.

    https://static1.squarespace.com/static/5e70e52c7c72720ed714313f/t/5f59223d94b21d2ebe8e6957/1599676990875/Electoral+Count+Act.pdf

  14. Turley will continue to muddy the waters to distract his core Trump cult. Has Turley gone Orwellian, telling us to not believe our eyes and ears?

  15. “You don’t have to go to law school to know” that the law is based on evidence and elements. Indeed, students go to law school to learn the element of crimes, not just their punishment. Indeed, few of us would allow students to start a discussion of a possible crime but simply declaring the crime and stating the possible sentence. If Professor Tribe believes that a case for attempted murder is clearly established, he may want to start with the elements.”
    ********************************
    Yeah, Larry’s batpoop, bird-brained, simpleton-loving crazy. It’s gratifying to know Dersh thinks so, too. Check out his recent video on Rumble for confirmation. That brain tumor must be getting bigger.

  16. Professor….as a Lawyer you are using way too many words to assess the situation.

    Try this on for size…..”Tribe is crazier than an Outhouse Rat!”.

  17. It is so difficult to imagine someone like know-it-all Tribe. He should have stuck to editing books, rather than foisting such nonsense that some media picks up so easily. A disgraces to the legal “profession” says this 1969 J.D.

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