Yesterday, Arizona Attorney General Kris Mayes became the latest Democratic prosecutor to suggest a possible criminal charge against former President Donald Trump. Mayes suggested that Trump’s controversial statement on Liz Cheney going to war could constitute a criminal threat. It is absurd and Mayes knows that any such charge would collapse before any remotely objective trial judge.
The promise of a criminal investigation by Mayes may hold a type of thrill-kill enticement for voters, but it would constitute a major assault on free speech in criminalizing political rhetoric.
I have often criticized Trump for his rhetoric and particularly his personal attacks on opponents and critics. However, the question is not whether you like the Cheney comment but whether there would be any meaningful limits on criminalizing political speech.
Critics charged that some media outlets were accused of misrepresenting the comments by cutting off part of what Trump said.
Drudge Report ran a banner reading “TRUMP CALLS FOR CHENEY’S EXECUTION.” It then linked to the partial quotation on MSNBC and CNN:
“I don’t blame him for sticking with his daughter, but his daughter is a very dumb individual. Very dumb, she’s a radical war hawk. Let’s put her with a rifle standing there with nine barrels shooting at her, OK? Let’s see how she feels about it. You know, when the guns are trained on her face.”
However, they cut off the lines that followed. Here is the whole quote with the removed lines in bold:
“I don’t blame him for sticking with his daughter, but his daughter is a very dumb individual. Very dumb, she’s a radical war hawk. Let’s put her with a rifle standing there with nine barrels shooting at her, OK. Let’s see how she feels about it, you know, when the guns are trained on her face. You know, they’re all war hawks when they’re sitting in Washington in a nice building saying, oh, gee, we’ll, let’s send — let’s send 10,000 troops right into the mouth of the enemy.”
The quote is clearly a reference to Cheney going to war and how she would feel about it.
The usual suspects ran to X to decry a threat of violence, including Harvard Professor Laurence Tribe. Tribe previously called for Trump to be charged with the attempted murder of former Vice President Mike Pence. Even though no prosecutor has ever suggested such a charge, Tribe assured CNN that the crime was already established “without any doubt, beyond a reasonable doubt, beyond any doubt.” Tribe also previously declared that there was evidence supporting criminal charges of witness tampering, criminal election violations, Logan Act violations, extortion, espionage, attempted murder, and treason by Trump or his family.
Once again, I do not like the tenor or the name-calling. However, it is most clearly not a criminal threat.
What is most striking about Mayes’s promise is that no competent prosecutor would believe that such a political statement could constitute a crime. As I discuss in my book, “The Indispensable Right: Free Speech in an Age of Rage,” people do not like to admit it but they like the rage. It is addictive and contagious, even for prosecutors.
We have been here before with Trump. After the January 6th riot, there was an overwhelming consensus that Trump could be charged with incitement. After the riot, District of Columbia Attorney General Karl Racine was widely praised when he 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. Supporters of this theory also often cut off the quote before Trump told his followers to protest “peacefully.”
Mayes will also likely drop the matter in time with no action. The important thing was to convey to Democratic voters a desire to prosecute Trump. It is now the bona fides of every Democratic prosecutor.
Even under Counterman v. Colorado, the Supreme Court ruled that criminal threats must be based on a showing of a culpable mental state. It cannot be based merely on a claim that words are objectively threatening. At a minimum, it requires the person to recklessly disregard a substantial risk that his words could be perceived as threatening. In so holding, the Court sought to offer “‘breathing space’ for protected speech.”
The need for such breathing space is even more significant in the context of a presidential campaign. For example, after his controversial garbage comment, Biden was accused of wanting to drown Trump. He has previously spoken about beating up Trump. None of that could be reasonably viewed as actual threats.
Even some figures on the left called out the media for misrepresenting the statement. The Young Turks’ Cenk Uygur wrote “Donald Trump did not call for the execution of Liz Cheney. That is a bald-faced lie.He was making a point about how she is a chickenhawk. But also, Trump shouldn’t talk about guns being ‘trained on her face,’ especially in a time where we’re worried about political violence.”
Vox correspondent Zack Beauchamp added his objections: “Folks, Trump didn’t threaten to execute Liz Cheney. He actually was calling her a chickenhawk, something liberals said about her for ages. Look at the context — Trump is talking about giving her a weapon. Typically, people put in front of firing squads aren’t armed.”
Political analyst Jonah Goldberg retracted his comments on CNN and now admits that there was no threat by Trump.
The threat from Mayes constitutes political pandering of the worst kind. Suggesting another round of lawfare just days before the election is a disservice to her office and the citizens of Arizona.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
N.B.: Here is the statute:
13-1202. Threatening or intimidating; classification
A. A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:
1. To cause physical injury to another person or serious damage to the property of another; or
2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.
B. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if:
1. The offense is committed in retaliation for a victim’s either reporting criminal activity or being involved in an organization, other than a law enforcement agency, that is established for the purpose of reporting or preventing criminal activity.
2. The person is a criminal street gang member.
C. Threatening or intimidating pursuant to subsection A, paragraph 3 is a class 3 felony.
“. . . they’re all war hawks when they’re sitting in Washington . . .” (Trump)
That very same point, aka the “casualty gap,” has been made about numerous wars over the last century. It was used (often by D’s) to decry the Korean, Vietnam, Iraq wars.
During the Civil War that gap was expressed by this popular sentiment: “A rich man’s war, a poor man’s fight.”
But now the Left is apoplectic. I wonder why.
Notice how the Dems, once thought of as
the party who wanted less war,
do not talk about the ‘chickenhawk’ issue itself.
It was a big issue leading into and during Iraq.
Why wasn’t Bush sending his kids? Why wasn’t Cheney? Etc.
Plus, TDS makes it so they can’t admit when Trump says something true.
Trump was making the same point as Bob Dylan in his 1963 song “Masters of War.”
Excellent comment, thank you.
There are a lot of chicken hawks in congress and all around the nation. I never served but came from a military family. Often quoted by friends of my Father ( a veteran of WW2 and Korea) was the statement that if there were any people out there praying for peace it was those men in the military because they would shed the blood and take the injuries or death that all that talk could lead to.
When the matter of the use of the Atomic Bomb came up in Washington near the end of World War 2, their were many admirals and generals (in headquarters) who opposed it’s use (as well as some in the WH) and wanted to go on with an invasion. When it was used the consensus of the hundreds of thousands of men in the staging areas in the Philippines and Okinawa and other areas who were slated to invade Kyushu in 10-11/1945, the dropping of the bomb was heralded as a great and righteous decision because they suddenly had a future with no invasion. It’s all in your perspective.
Think about the cemeteries and the cripples left by those “conflicts”. Our military and its people are a precious resource to be used wisely and infrequently, if possible.
What is lacking of late is a State Dept and a WH that is competent and sane and knows who is friend or foe. We used to know that but not for the last 4 years.
As far as Ms Cheney is concerned, whatever Mr Trump said about her (with or without context) I am in agreement with him.
Liz Cheney needs a new line of work.
GEB, good comment! My father was also a WW2 veteran (Solomon Islands, Guadalcanal, Munda). My father-in-law was an infantryman who saw a lot of direct combat. He said that he agreed with the statement, “war is hell.” He did not recommend it. It forever changed him, deeply.
War is the last option, but sometimes necessary.
Liz Cheney needs a new line of work.
She denounced her sister, Mary, and Mary’s wife, Heather Poe, publicly.
Publicly
In spite of their reconciling, Liz showed that she will deny anyone and everyone but especially Americans and their children for a policy position (like she did with Mary/Heather) and/or shares of Halliburton. I have never met Mary nor Heather but read Mary’s book years ago, and would very much like to meet them both.
Great observations, GEB
GEB,
Great comment. And yes, us former military types are generally the last persons who want to see our fellow troops going into harms way. Yes, sometimes it is necessary. Other times it is nothing but a boongoggle for those sitting in nice buildings in DC, like the Liz Cheney’s of the world. You want a war so badly, get your sorry butt down to the recruiting office and enlist in a combat MOS. If not you, your kids or grandkids.
Maybe Trump can get one of his attorney’s to represent him in court, if he can find one that hasn’t lost their law license.
Awwww! Poor Fishstick! Cannot address the fact Trump said something, MSM, leftist Democrats then took it totally out of context, twisted it around and straight out lied about what he said. And now some in MSM is offering a mea culpa that they were wrong. What is the matter Fishstick? Reality hurts?
UF – while the left is deliberately twisting the remark – which they will do anytime they can with Trump.
They are really angry that Trump called out the glaring issues with their favorite republican lapdog.
The Harris campaign failed to grasp that the Republicans they mustered to campaign against Trump
Make Trump look good, and democrats look bad.
I am happy to see the neocon leave the GOP – even if that means republicans lose elections.
That Democrats are stupid enough to embrace them is a huge mistake.
George McGovern is rolling over in his grave.
The entire left in the 60’s would see democrats today as the enemy.
What is disturbing is that so many elderly hippies are voting for war mongers.
Why would Trump end up in court for calling Chenney a Chickenhawk ?
The fact that a democrat AG in AZ is stupid enough to touch this is proof of the lewlessness of the left.
If you want people to trust the results of the election – it is best not to be openly commit to doing whatever it takes without regard for the law before the election.
Maybe Trump can get one of his attorney’s to represent him in court, if he can find one that hasn’t lost their law license.
FishAnus, maybe if Trump picked Democrat attorneys instead of Republican attorneys, they could even get away with serious felonies AS WELL as never losing their law license?
List Of FishAnus’s Democrat Attorneys who never lost their law license, never mind were indicted for the felonies they committed:
Perjured themselves to FISA courts over their party’s “Russia Dossier” while uttering false documents:
– Obama’s Attorney Generals Loretta Lynch and Sally Yates
– Obama’s FBI Directors James Comey, Andy McCabe, and Robert Mueller
– Obama’s FBI lawyer Lisa Page
– Obama FBI lawyer Kevin Clinesmith – convicted of falsifying evidence by fraudulently changing an exculpatory document. Probation, no jail, and allowed to continue practicing law.
– Obama FBI lawyer and Mueller investigation lawyer Andrew Weissmann.
FEC felonies regarding election fraud
– Obama, Clinton, and DNC lawyer Marc Elias
– Obama White House lawyer James Baker
Recognize any of those names, FishAnus? It’s a long, long list… want more?
“he Supreme Court ruled that criminal threats must be based on a showing of a culpable mental state.”
Well there you go. trump is not any kind of culpable mental state so he walks free. Perhaps that is why trump rambles about hannible Lecter and dances for 40 minutes on stage. To show how mental incapable he is.
“I have often criticized Trump for his rhetoric and particularly his personal attacks on opponents and critics.”
“Often” is a serious understatement. Any criticism of Trump is often fleeting and rare. Fox News would drop Turley as an analyst if he criticized Trump…often.
And Turley would lose his appointment to a federal court. Which has to be at least one reason why he enables Trump. And of course a seat at the big boys table at the Federalist Society meetings.
Really Fishstick? The good professor has an appointment to a federal court? And the good professor is not enabling Trump. He is pointing out how absurd the Democrat party has become.
That would make it an overstatement, you ignorant tool.
the CRIME are the Democrats DAs, AGs. FBI. IRS, Governors, and I want them JAILED for their crimes
And yes I don’t care…they have JAILED the people around TRUMP… Make Law Great Again!
Desperate times call for desperate measures.
The 75% of the country that have not abandoned all reason will simply debit this latest transaction from the Democratic Party’s “Trustworthy” [and massively overdrawn] bank account.
OLLY,
Well said and correct. Why would anyone trust them after all the lies they have said. But you summed up their actions in one word, desperation.
I find it truly frightening that Professor Turley thought it necessary to make such an obvious and inevitable conclusion the subject of his daily column. If his audience is too stupid to read the entire comment and understand what Trump was stating, this country is in far worse trouble than I suspected, and I thought my previous assessment was on the pessimistic side. Good grief!
The fake shock from the left asks us to forget something. Trump is the guy who put himself in harm’s way by campaigning. He had his face aimed at. Just ask his right ear.
How about malicious prosecution as well as election interference?
An observation which could have been made by anyone during a evening’s conversation on the the matter at a local watering hole has been turned into a national security matter by an insufferable sack of cow chips. As our senile POTUS observed, why not just target him for removal?
DEMS and a foolish DEM AG Made for TV Drama to scare voters? Its all about Nothing but DEM Hype/BS. They hope to persuade voters against Trump but at this point everybody knows Trump and knows the DEM lawfare. It will not work. Main Street Media continue to sink in viewership/ they have destroyed themselves. this is why Bezos and others are trying to retool their businesses. MSNBC is up for sale? their viewership and radical news only draws in the nuts. But it was interesting that parts of the left like VOx jumped to say it was not true, for they hate Cheney, Dick and Liz, due to wars.
But, according to recent polls, 54% of registered Democrats still trust the MSM. Of course, those same polls indicate that 85% of that same group believe that the Tooth Fairy is real…
I would like to press charges on President LBJ for sending me a letter threatening and executing that threat to send me to Vietnam in front of millions of Viet Cong.
Oh, that’s ridiculous, yea that’s what I thought too.
Our adversaries are salivating at a post-election meltdown, and a fractious, hostile transition. I fully expect the “resistance” (Iran, Russia, China, NoKo, Venezuela, Cuba) to take advantage of our internal political infighting.
Especially if Donnie von Schitzenpantz gets elected.
Correct Wally. We all expect leftist Democrats to have a mental meltdown, riot, loot and arson. Just like they did in the 2020 Summer of Love. They have already proven their hostile and violent tendencies.
I am tuning in to MSNBC on election night with the hope and expectation that Rachel Maddow will lose it completely and permanently.
Especially if Donnie von Schitzenpantz gets elected.
Wally actually doesn’t know that it’s Bribery Biden that has the very first Secret Service Depends Detail, armed with diaper bags and baby wipes, attached to protecting the president?
To be fair to Wally, he’s still having a problem inserting the tampons he got from Tampon Tim.
Trump is a bit naive about the nature of the geopolitical threats he will have to face down if elected. He tells himself he “gets along” with Putin, Xi, KJU, and overconfidently assumes he can make “deals” with them that are binding. None of these dictators negotiate in good faith — none are trustworthy. Think about his first term. He thought he had a trade deal with China worked out via Xi’s negotiators, then Xi pulled the rug out expecting Trump to come back to the table with concessions. Fortunately, Trump didn’t. He thought he could convince North Korea to start building its own jet airliners (with U.S. cooperation) — he completely misread KJU with such an offer. During his term, Hong Kong was forcibly put under CCP legal powers to extradite freedom fighters — Trump did not lift a finger to defend the “one country – 2 systems” agreement under which HK was released as a British protectorate. When Juan Guaido announced himself as interim President of Venezuela in early 2019, Trump (via Bolton) attempted a CIA-assisted overthrow of Maduro. Distrust of Trump’s impulsive, half-baked scheming by CIA’s Gina Haspell led to a bungled cyberattack on the military pay system in Caracas. The result of this inept foreign policy was to strengthen Maduro’s anti-American position. Trump takes zero responsibility for his failures, so John Bolton became the scapegoat. It’s detailed here: https://www.wired.com/story/trump-cia-venezuela-maduro-regime-change-plot/
Overconfidence and bluster of the self-deceiving type are not going to cut it in a 2nd Trump term. Our enemies are ready ad eager to play Trump like a fiddle. A person who can’t learn from mistakes because of his ego-defenses — we may end up with that. I’m quite sure Kamala Harris would be worse. But that doesn’t do anything to improve Trump’s amateurish approach to a dangerous world.
Whoever wins, our nation will be tested. Our adversaries are not scared of Trump. They relish bad-faith negotiations with him while he’s convinced he’s doing great.
“Trump is a bit naive about the nature of the geopolitical threats …”
Please, you embarass yourself with such ridiculous assertions.
In any case, thanks liz Cheny!
Sure would have liked to see you holding a rifle surrounded by …
Pbinca, you intentionally omit one important factor, Trump built up the military making it more possible for the US to act when confronted. Did you mention that under Biden-Harris the Houthis have seriously affected INTERNATIONAL shipping all the while causing us to shoot $1000 drones down with million dollar missiles? Do you think it would be hard to end that attack on the west?
How about bankrupting Iran? Did or did not Trump do that?
How about enlistment being down due to DEI/woke/trans bs? Does that weaken out readiness? How about mothballing ships?
How about the now famous “don’t” joke from Biden-Harris-Blinken?
Politicians say one 5hing jn public, other things in Private. Trump is quite aware of the viewpoint of every one of the bad actors you named. Ask yourself what ANY of these people did regarding warfare while Trump was in office.
Somewhat valid when only viewed on the surface. Building a foreign policy that puts American interests first was a monumental task, partially achieved despite the left-over political hacks that thwarted Trump policies. Actors like Milley, Vindman, Haspel, Bolton, Kelley,…, not to mention the constant attacks purposefully launched by domestic adversaries to limit his effectiveness. Duly elected, and undermined for 4 years in office (and 4 years hence). Talk about “destroying democracy”… Lest we forget!!
If our enemies had it better during the Trump admin, why are they funneling millions of dollars to the Democrats through Act Blue?
“Whoever wins, our nation will be tested. Our adversaries are not scared of Trump. They relish bad-faith negotiations with him while he’s convinced he’s doing great.”
Except for the last part, I agree with you. I don’t think Trump is “convinced he’s doing great”. I think he
views his past efforts as “nothing ventured, nothing gained.” Next time he will try something else. Harris, on the other hand, would simply continue on the Biden Path of taking the knee before Iran and China and pushing Putin into WWIII.
Ridiculous post.
Trump stopped the fighting in the Middle East
Trump didn’t have a war start during his term.
Trump defeated Isis in weeks, not years.
By acting cordial to his enemies Trump succeeded where other presidents failed.
Trump had a great plan in Afghanistan. Trump spoke nicely to the Taliban leader and for 18 months no Americans were killed.
Trump recognized the Bagram Airbase was near China’s military and that the base could be held without difficulty.
Obama warned of war with North Korea. Trump prevented it.
Most people don’t remember the smaller maneuvers Trump made. Syria vs Kurds you likely called him crazy but he avoided becoming involved in a war. He moved the troops out of the way. But mostly unreported he moved those troops to the oil fields. You probably remember his killing Solimani but
TDS is a terrible disease. Hopefully a Trump victory will cure most ofl those afflicted with it.
pbinca dropped a Daily Deuce today that Dennis McIntyre would be proud of: Trump is a bit naive about the nature of the geopolitical threats he will have to face down if elected…. Our adversaries are not scared of Trump.
Oh yeah, pbinca: that’s why the DPRK, Putin, and the ChiComs behaved themselves while he was president and then went full throttle when your presidents were in office. They behaved themselves not because they were scared of Trump – they just felt sympathy for him and so they behaved themselves.
Oh yeah!!!! Trump isn’t the geopolitical mastermind that Obama, Biden, Clinton, Harris et al were while they were empowering and enriching Iran in order for them to continue killing American soldiers and civilians.
Trump isn’t the geopolitical mastermind the above were while they turned a blind eye to hajji terrorists in Afghanistan and around the world.
Trump isn’t the geopolitical mastermind that Obama, Biden, and Clinton were when they cleverly allowed Putin to invade Ukraine – after assuring Putin when caught on a hot mic that if Putin would behave himself until after the election, they’d have space to let him invade while they shut down the air defense missile program intended for Europe.
pbinca… sometimes I get the feeling you’re a 15 year old with no friends and nothing to do other than to come here and see if you can find some similarly aged kids to engage with by posting your wishful nonsense
PROOFREADER: In the paragraph beginning “We have been here before…” it should read “overwhelming consensus that **Trump** (not Tribe) should be charged with incitement.”
Dear ‘Anonymous…’ this time the proofreading was On Target, in a Freudian slip way.. as it is indeed TRIBE who should be charged with incitement thru his twisted lies about Trump via his perverted, truly farcical, interpretations of the Constitution………………….
Dems doing what Dems do.
J
…Freudian slip.. I meant right after Trump took Office in 2017……………
..Thank You, Prof. Turley for spelling it out – you nailed it, air-tight scholarship. It was indeed Crystal Clear that Trump was saying Liz should put up or shut up when it comes to wars… either go in there like a front-line soldier to really learn about what you are saying or ‘shut up..’ Right after Trump took Office in 2020 I couldn’t believe that Any President would make the racist remarks that Anderson Cooper was ‘quoting’ from a speech Trump gave in Florida. I looked up the speech and found a paragraph that had the words in it.. however CNN had cut and pasted the words from different sentences to make a whole new sentence that made Trump sound like a flaming racist. MSM has never stopped these tactics, inflaming people like Mayes…..who jump to not only take away Free Speech, but falsely punish the victim (Trump) for a made-up crime…..
Re:”.Thank You, Prof. Turley for spelling it out” Regrettably, we have come to the point in our deliberations where time needs to be wasted on a tale told by an Arizonan Democrat idiot, raised to high office by an electorate of his peers. That appears to be the way of it in these times.