In Defense (Gulp) of Chuck Schumer

This day had to come. I find myself with the inescapable view that Sen. Chuck Schumer is being treated unfairly. There, I said it. Edward R. Martin, Jr., the Interim D.C. U.S. Attorney, recently announced that he is investigating Schumer. The possible criminal charge is linked to Schumer’s infamous speech on the steps of the Supreme Court in March 2020, threatening justices with retaliation if they voted against abortion rights. I have repeatedly denounced Schumer for his “rage rhetoric” and his pandering to the most extreme elements of the party. However, a criminal investigation into the speech is unwarranted and unwise.

Many of us were shocked by Schumer’s remarks in 2020. He thrilled the crowd by yelling, “I want to tell you, [Neil] Gorsuch, I want to tell you, [Brett] Kavanaugh, you have released the whirlwind, and you will pay the price.”

This occurred before the assassination attempt on Justice Kavanaugh.

The announced investigation of Schumer clearly pleased many on the right. It was viewed as “fair game” by many who watched Schumer support the weaponization of the criminal justice system against Donald Trump and other conservatives.

However, movements die not from a lack of passion but a lack of restraint. What thrills many is precisely what enraged them about the Biden Justice Department.

Schumer was engaged in reckless rage rhetoric. Even those of us who immediately condemned him did not seriously believe that Schumer was calling for a hit or physical attack on the justices. The danger was how such rhetoric affects unstable individuals like Nicholas John Roske who sought to impose a “price” on Kavanaugh. It is the same rhetoric that fuels individuals like  Ryan Michael “Reily” English who is accused of hunting figures like Speaker Mike Johnson and Secretary of Defense Pete Hegseth.

In this case, prosecutorial discretion and levelheadedness should have prevailed before the formal commencement of an investigation.

The basis for the investigation is 18 U.S. Code § 115, which covers anyone who threatens a federal government official or their family with the “intent to impede, intimidate, or interfere with such official, judge, or law enforcement officer while engaged in the performance of official duties, or with intent to retaliate against such official, judge, or law enforcement officer on account of the performance of official duties.”

However, that language followed the precursory language of a threat “to assault, kidnap, or murder” the covered person.

Schumer did not call for physical assaults, let alone kidnapping or murder.

Ironically, this is precisely the type of unhinged interpretation that has characterized the legal analysis on the left for years.

For example, Harvard Law Professor Laurence Tribe even declared Trump guilty of the attempted murder of Vice President Mike Pence on January 6, 2021. While 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.”

It is the same analysis that built impeachment and criminal allegations around Trump’s call on January 6th for his supporters to “fight” against certification of the election. Despite Trump also stating that they should protest “peacefully,” politicians like Schumer and pundits like Tribe insisted that it constituted a criminal insurrection.

It is the same rhetoric used recently by House Minority Leader Hakeem Jeffries, D-N.Y., in calling for Democrats to “fight in the streets.” Likewise, Rep. Dan Goldman (D., N.Y.), who insisted that Trump could be criminally charged for his fighting word, called for Trump to be “eliminated.” (He later apologized as did Jeffries and Schumer for their remarks.).

As discussed in my recent book, The Indispensable Right: Free Speech in an Age of Rage,” rage rhetoric has been part of our political system since the founding. The greatest danger is when such rage rhetoric is used as an excuse for what I call “state rage.” Often free speech is the first casualty in an age of rage.

Schumer is not going to be charged. However, that is not the point.

If Schumer can be investigated for threatening justices with his overheated language, the federal government would have an excuse to put an array of political opponents, journalists, and activists under investigation. Even if they do not result in a criminal charge, they allow for the federal government to use its powerful tools against targeted persons or groups, including potential electronic surveillance and the seizure of documents or files.

The investigation of Schumer will achieve nothing beyond fulfilling the narrative of the left that Trump is going to weaponize the criminal justice system against his opponents. It is more likely to delight than deter Chuck Schumer.

The Trump Administration is already undermining its successful message from the election against political weaponization by threatening line FBI agents or prosecutors who were assigned to the Trump investigations. Trump is correct that the Justice Department and the FBI must be reformed. However, the source of this abuse was not found in the rank-and-file employees who were carrying out their functions under court supervision.

The success of the Trump Administration will demand not just reform but restraint. It must maintain the very discipline that was missing under the Biden Administration, particularly in targeting the use of free speech rights.

Donald Trump could be the president who restored free speech protections after years of censorship and targeting by the Biden Administration. It could be his most lasting legacy. However, that legacy will be lost in tit-for-tat investigations of his political opponents.

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.”

342 thoughts on “In Defense (Gulp) of Chuck Schumer”

  1. Jonathan: Today we celebrate Rosa Park’s birthday. She was the civil rights worker who, on December 1, 1955, refused to give up her seat on a public bus in Montgomery for a white person. Her one act of defiance launched the Civil Rights movement. Rosa’s birthday is not commemorated with a holiday but it should be.

    As one of his first orders of business as DJT’s Secretary of Defense, Pete Hegseth ordered a “pause” [until further notice] on the observations of Martin Luther King Jr. Day, Pride Month, Holocaust Days of Remembrance, Black History and other cultural and historical annual events. It’s all part of DJT’s campaign to eliminate anything dealing with DEI programs or policies. In another move to remove DEI programs, the Air Force removed training program videos on the significant role played by the Tuskegee Airmen and female pilots during WW2. After a big uproar those videos were reinstated–at least for now.

    It seems Pete Hegseth and DJT are determined to erase the memory of anyone who was not White who served and died in our wars. Hegseth wants only White males to serve in his military. As for gays and lesbians the “Help Wanted” sign is definitely not out!

    1. Wrong. History should be taught in history class. Not in the military unless it is to study tactics and strategy of conflicts or wars to help better educate warriors on how to conduct battle. I am not white, I have served in the military and I am the kind of person Hegseth would want. Wife’s best friend is gay. She is in the military. Highly decorated Senior SNCO. Will retire in a few years. The “Help wanted” sign is still out for her and the gay community. As long as they are competent like everyone else are in their given positions. No one cares what their sexual preferences are, who they sleep with or love. It is none of anyones business but theirs. You need to stop lying.

      1. # This is where it goes wrong. No one should know about these things but they take it into the streets like street walkers.

        Perhaps that’s what Jeffries meant when he said in the streets. He’s rallying the street walkers.

        Too much information..TMI

    2. “Today we celebrate Rosa Park’s birthday.”
      I have no problem with Parks – but we have enough “days” that we celebrate. We merged Lincoln and Washington into presidents day – both are more significant than parks.

      “She was the civil rights worker who, on December 1, 1955, refused to give up her seat on a public bus in Montgomery for a white person. Her one act of defiance launched the Civil Rights movement. Rosa’s birthday is not commemorated with a holiday but it should be.”
      So Rosa Parks was a civil rights worker BEFORE she created the civil rights movement ?

      Logic is not your strong suite.

      Remember Parks – her story is taught in schools, I personally visited the Rosa Parks Museum, as well as many other important locations in the fight for civil rights. But while Parks deserves to be remembered – Just as Patton deserves to be remembered – she does not need her own holiday.

      “As one of his first orders of business as DJT’s Secretary of Defense, Pete Hegseth ordered a “pause” [until further notice] on the observations of Martin Luther King Jr. Day, Pride Month, Holocaust Days of Remembrance, Black History and other cultural and historical annual events.”
      Good for him – the job of DOJ is to prepare to fight wars. The history DOJ should be concerned with is that of WAR.

      “It’s all part of DJT’s campaign to eliminate anything dealing with DEI programs or policies. ”
      DEI is racism, it is unconstitutional and it must DIE – DEI and Rosa Parks have nothing to do with each other.

      “I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. ” MLK

      “In another move to remove DEI programs, the Air Force removed training program videos on the significant role played by the Tuskegee Airmen and female pilots during WW2. After a big uproar those videos were reinstated–at least for now.”
      With respect to the Tuskeggee Airmen – why no Training program for the AVG or the Flying Tigers ? Or the Bloody 100th ?

      Absolutely the story of the Tuskegee airmen belongs in history classrooms. But absent a contribution to modern air tactics it has no place at the Airforce Academy.

      You do not seem to be able to grasp that Military history is about how to win and lose wars. It is not about the celebration of great people.
      The airforce should study the tactics of the Germans, the Japaneses, the Soviets that were successful or failed. To learn better tactics and strategy. The Military does not Study Julius Ceasar because he is an important historical figure or a roman emporer, but because he was a brilliant general and because his battles and tactics are instructive.

      Many in this country lionize Robert E Lee others demonize him – Regardless he is a fit subject for study at West Point – because of the successes and failures of his strategies and tactics. Not his character or contribution to public life.

      “It seems Pete Hegseth and DJT are determined to erase the memory of anyone who was not White who served and died in our wars. Hegseth wants only White males to serve in his military. As for gays and lesbians the “Help Wanted” sign is definitely not out!”
      The military is not about remembering People, it is about learning strategy and tactics. It is irrelevant what your race or gender is.

      None of us Hegseth included want a military made up solely of While Males. What we want is the deadliest military we can get.
      I beleive it was Patton who said – I do not want people willing to die for their country. I want people looking to make sure our enemies die for their country.

      1. The only day that we should be celebrating is the day when Derek Chauvin is released from jail. He was fraudulently charged, tried and convicted and everyone knows it, Floyd died a junkies death while resisting arrest. Once again a white policeman doing his duty gets persecuted to appease the lowest of common political thugs.

    3. FWIW:

      At age 81, Parks was robbed and assaulted in her home in central Detroit on August 30, 1994. The assailant, Joseph Skipper, broke down the door but claimed he had chased away an intruder. He requested a reward and when Parks paid him, he demanded more. Parks refused and he attacked her. Hurt and badly shaken, Parks called a friend, who called the police. A neighborhood manhunt led to Skipper’s capture and reported beating. Parks was treated at Detroit Receiving Hospital for facial injuries and swelling on the right side of her face. Parks said about the attack on her by the African-American man, “Many gains have been made … But as you can see, at this time we still have a long way to go.” Skipper was sentenced to 8 to 15 years and was transferred to prison in another state for his own safety.[90][91][92][93]

    4. The rosa parks story is one big fat lie and was set up before it “occurred”.

      It’s just another giant fraud the libdem lying government cons have perped on the nation for decades.

    1. Funny, Anonymorons comments are much more frequent than Floyd’s, myself or anyone else’s comments.

  2. Mass Shooting in Sweden!

    What happened?
    Police first received reports of a shooting taking place in Orebro, a city 200km (124 miles) west of Stockholm, at 12:33 local time (11:44 GMT) on Tuesday.

    The shooting was at Campus Risbergska – a type of school for adults known as Komvux in Swedish, which is primarily for people who did not finish primary or secondary education. There are other schools also on the campus.

    Teachers have described hearing shots ring out, leading to them fleeing classrooms or barricading themselves inside.

    Maria Pegado told Reuters she took all of her 15 students out into the hallway and they started running. “I saw people dragging injured out, first one, then another. I realised it was very serious,” she said.

    https://www.bbc.com/news/articles/cvgp43j4l92o

  3. Jonathan: Never thought we would see you defending, although with a “gulp”, Sen. Chuck Schumer. You spent years attacking the Biden administration and the Dems for the alleged “weaponization” of the government to go after conservatives and DJT. Now the shoe is on the other foot. DJT has now turned the DOJ/FBI into a weapon of mass destruction against his political enemies.

    And who has DJT appointed to carry out his campaign of revenge and retribution? In DC it’s Edward Martin who is now the interim DC US attorney. And who is Ed Martin? He is a former right-wing radio talk-show host who was one of the leaders of the “Stop the Steal” movement that fed the Capitol Jan. 6 insurrection. As the MAGA gang attacked the Capitol on Jan. 6 Martin was there and posted this: “I’m at the Capitol. And I was at the POTUS speech earlier. Rowdy crowd, but nothing out of hand. Ignore the #Fake news”. While the Proud Boys were breaking into the Capitol, destroying property and physically attacking Capitol police, Martin could bizarrely observe there was “nothing out of hand”!

    On Monday Martin sent a letter to Elon Musk promising to investigate and target any government worker who stands up to Musk’s unlawful DOGE orders. Martin is a true MAGA believer and he will target anyone and everyone who “disloyal” to his leader–even those you say can be “found in the ran-and file employees who were carrying out their functions under court supervision”. Martin is taking a page out of the Hitler and Stalin “purge” playbooks! What we are seeing now is a complete dismantling of the US justice system that was once the envy of the Democratic world. No longer. Now we are only the envy of autocratic leaders in Russia, Hungary and Argentina!

    So it’s odd you would be surprised by DJT’s effort to “investigate the investigators” and go after his political enemies. It’s all there in “Project 2025” had you bothered to read it. DJT’s plans for revenge and retribution were as well in all his campaign speeches last year. How did you miss all that? Probably because you were busy writing columns about Hunter and Joe Biden and all their “corruption”. Baby, you should see what’s coming!

    1. I cast you out, unclean spirit, along with every Satanic power of the enemy, every spectre from hell, and all your fell companions; in the name of our Lord Jesus +Christ. Begone and stay far from this creature of God.+ For it is He who commands you, He who flung you headlong from the heights of heaven into the depths of hell. It is He who commands you, He who once stilled the sea and the wind and the storm. Hearken, therefore, and tremble in fear, Satan, you enemy of the faith, you foe of the human race, you begetter of death, you robber of life, you corrupter of justice, you root of all evil and vice; seducer of men, betrayer of the nations, instigator of envy, font of avarice, fomentor of discord, author of pain and sorrow. Why, then, do you stand and resist, knowing as you must that Christ the Lord brings your plans to nothing? Fear Him, who in Isaac was offered in sacrifice, in Joseph sold into bondage, slain as the paschal lamb, crucified as man, yet triumphed over the powers of hell. (The three signs of the cross which follow are traced on the brow of the possessed person). Begone, then, in the name of the Father, + and of the Son, + and of the Holy + Spirit. Give place to the Holy Spirit by this sign of the holy + cross of our Lord Jesus Christ, who lives and reigns with the Father and the Holy Spirit, God, forever and ever.

      Amen

      1. Floyd you put me in mind of a law review article that started with: “Argument is insufficient. America needs exorcism.”

          1. Several of the Early Fathers of the Church, including Irenaeus, Tertullian, Cyprian, and Athanasius wrote about exorcistic practices of their day. All this is to say, get to know the Early Church Fathers.

            As I stated recently most protestants ignore the first 1500 years of Christianity because it was rooted in Catholicism. Recall Protestantism comes from the word PROTEST which is to say, all protestants have in common one thing: they protest the Catholic Faith. Putting that aside:

            “To Be Deep in History Is to Cease to Be Protestant.”
            – John Henry Cardinal Newman, 19th Century Philosopher and Theologian, former Anglican Priest, converted to Catholicsm

            Cardinal Newman’s Apologia pro Vita Sua (1865) is a magnificent read.
            It is available for free on the internet
            https://www.newmanreader.org/works/apologia/index.html

            1. “. . . get to know the Early Church Fathers.”

              And the history they begat — the Dark and Middle Ages. You know, that horrific, ten centuries of history that you keep trying to evade.

      2. “They will answer, ‘Lord, when did we see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?’ “He will reply, ‘Truly I tell you, whatever you did not do for one of the least of these, you did not do for me.’“

        Then they will go away to eternal punishment, but the righteous to eternal life.

        from the Gospel of Matthew, chapter 25

        1. I think that if Jesus came back, he might come back as a stray dog or cat. That would say a lot about a person, how they treated the poor critter. Maybe that is why I feel that I am called to take care of critters. Ain’t like I’m much good for anything else.

        2. # A partial explanation of 1A, freedom of religion. The idea that Roman Catholics are the chosen people just isn’t democratic. Others may see Christ as more humble and practical. There are very good Christians who make no show at all and those people also feel uncomfortable around such grandeur of gold. You know them only by what they do if you are even able as the left hand doesn’t know what the right hand does.

      1. Traveler,
        It is being estimated DOGE cuts just at the USAID, GSA, OPM, and the Treasury is saving taxpayers 1b a day. That is ONE BILLION dollars a day!! More MAGA winning!!!

    2. “Never thought we would see you defending, although with a “gulp”, Sen. Chuck Schumer. ”
      No one is defending Schumer.
      Turley is defending free speech.

      ” Now the shoe is on the other foot.”
      Yup, and Turley is recomending that despite more basis for going after Schumer than Smith had for Going after Trump, that the Trump DOJ refrain from doing so.
      I would note this is not the Trump DOJ – Bondi was only recently confirmed, Patel has not been yet.

      “DJT has now turned the DOJ/FBI into a weapon of mass destruction against his political enemies.”
      Nope – this was announced BEFORE Trump had control of DOJ.

      “And who has DJT appointed to carry out his campaign of revenge and retribution? ”
      Certainly not someone as incompetent as Jack Smith.

      “In DC it’s Edward Martin who is now the interim DC US attorney.”
      Yup,
      Martin has done pro bono work, Clerked for an 8th circuit judge,
      Was an attorney for the LIBERTARIAN Institute for Justice.
      Martin was an IJ attorney for the famous Casket case that
      broke the monopoly of funeral directors on selling caskets.
      He headed the development of the Missouri Accountability portal – a web site that allowed citizens to reveiw and challenge
      government spending.

      Wikipedia does NOT mention any roles as a media figure of anykind – not that it matters., but you should atleast get the facts straight.
      Martin was present in DC the day before the J6 protests. He does not appear to have had any formal role in “Stop the Steal”
      Of course the missing 8M democratic votes in 2024 leads us to wonder even more about the 2020 election.

      There was nothing out of hand in the J6 protests unt the CP accidentally lobbed a CS tear Gas grenaded into a peaceful crowd that had to that point stayed behind barriers.

      “On Monday Martin sent a letter to Elon Musk promising to investigate and target any government worker who stands up to Musk’s unlawful DOGE orders.”
      Way to spin. Musk does not give Orders. He ACTS at the direction of LEGAL executive orders.
      Those EOs are the LAW with respect to the executive branch – violate them or interfere and you can be disciplined, fired, possibly even prosecuted.

      What I find ODD is that you want to go to war with DOGE.

      Even many Democrats – Sanders, Warren, Fetterman are behind efforts to reduce governemtn spending
      They may disagree over priorities but not the concept.

      “Martin is a true MAGA believer”
      Martins links to Trump/MAGA are not that strong. but his links to the libertarianish side of the GOP are.

      Anyone working for the Institute for Justice deserves Kudo’s They are replacing the ACLU as the nations leading advocate for indidivual rights.

      “IJ is a nonprofit, public interest law firm. Our mission is to end widespread abuses of government power and secure the constitutional rights that allow all Americans to pursue their dreams.”

      IJ is non-partisan – like Fire – like the ACLU once was.

      “even those you say can be “found in the ran-and file employees who were carrying out their functions under court supervision”.
      There is no such thing as “carrying out their functions under court supervision”
      Executive branch attorney’s are under the supervision of the AG.

      “What we are seeing now is a complete dismantling of the US justice system”
      No we are seeing the dismantling of the system of partisan lawfare that democrats created.
      We are seeing EXACTLY what Trump promised during the election.
      We are seeing EXACTLY what voters demanded.

      “that was once the envy of the Democratic world.”
      It was – but certainly nut under Biden or Obama.

      ” Now we are only the envy of autocratic leaders in Russia, Hungary and Argentina!”
      We were, now we are not. What is your argentia thing ? Argentina has a past history of Peronist Fascism – that is on the LEFT.

      “So it’s odd you would be surprised by DJT’s effort to “investigate the investigators” and go after his political enemies.”
      Absolutely. When your political enemies violate the law and constitution to go after you,
      they do not get a free pass for their lawless actions because they are your political enemies.

      Trump legitimately asked Zelensky to look into the Bidens – who pretty much everyone now knows were corrupt and desparately needed investigation.
      People are not immune from investigation because their political enemies run the justice system.
      They are supposed to be protected from improperly predicated investigations.
      There was plenty of predicate for asking to investigate the Bidens.
      There is plenty of predicate to investigate the lawless J6 prosecutions.
      You are free to beleive that some J6 protestors engaged in activities that should have been prosecuted and resulted in convictions.
      And I would agree with you.

      But those who investigate, prosecute, judge and convict are obligated to do so protecting the civil rights of defendants.
      They are obligated to follow the constitution.
      They are obligated to protect first amendment rights.
      They are obligated to provide the defense with exculatory evidence
      They are obligated to provide affordable bail.
      They are obligated to fullfill a long list of rights and promises in the constitution and bill of rights.

      When you fail to do so YOU are the criminal.

      I disagree with Trump over the J6 commutations.
      No one should have been commuted.
      All of them should be pardoned – not because they are good people – many of them are not.
      But because a conviction from a lawless star chamber prosecution is worse than any crimes they are accused of.
      There is no presidential power to throw out the case and let DOJ start over.
      The choices are commutation and full pardon.
      These prosecutionswere lawless and demanded a full pardon.

      And yes those who violated peoples rights – even people we agree are likely criminals under color of law should be prosecuted.

      ” It’s all there in “Project 2025” had you bothered to read it.”
      Actually no – nothing of the sort is in project 2025.
      It is however in Trumps offical platform – agenda 47 items 7 and 9

      “DJT’s plans for revenge and retribution were as well in all his campaign speeches last year.”
      aside from the spin – you are correct.
      Trump repeatedly pledged to

      Defend our constitution, our bill of rights, and our fundamental freedoms, including freedom of speech, freedom of religion, and the right to keep and bear arms

      End the weaponization of government against the american people

      “How did you miss all that? ”
      No one missed it, we voted FOR IT.

      This is not 2017. Voters absolutely positively expect that the president whose moto was “youre fired”
      is going to clean house this time.

      We are not going to see the same nonsense as in 2017 were politicized members of the US govenrment – people like Ohr, McCabe, Comey, Strzok, Theibauilt, Page, Baker, abuse power from the inside to kneecap the wishes of the american people.

      I hope to see a GREAT DEAL more firings, as well as some prosecutions for violating the civil rights of others.

      Going after Schumer for his speach in front of SCOTUS is about as Wrong as Jack Smith going after Trump for J6.
      But I do not think we can end the lawfare until either those on the left see that turn about is fair Play or SCOTUS oputs its foot down over criminalizing first amendment protected activities.
      I am of two minds on prosecuting Schumer.
      First – it is wrong – just as the prosecutions of Trump were wrong.
      Second prosecuting Schumer MIGHT be the best way to get SCOTUS to put a stop to this.

      “Baby, you should see what’s coming!”

      I sure hope so!!!!!

      1. John Say,
        Great comment! it is funny how our leftist friends are trying to spin Musk, DOGE, investigations as Trump going after political enemies, when in reality it is the Trump admin pointing out the wrong doing, illegal actions they have take or done. The MSM and DNC propaganda is a clear indication of their desperation of Trump success and it has been only two weeks!! Had friends over for dinner last Sunday. One of them hates Trump. The wife and I proceeded to tell her, she can hate Trump all she wants. But he is doing things the majority of Americans voted for. After Trump’s win with Mexico and Canada, I am sure the next time we see her, she is not going to want to discuss politics at all!

  4. Under the New Rules, the process is the punishment.

    I’ll be the first to concede that I was not a big fan of any of the “new rules” that Democrats have put into place over the last decade.

    But now, I guess we’ll just have to see how all that is going to play out.

  5. # The interim DOJ is investigating this incident and the result of the rhetoric? Certainly and may send an advisory to the executive and legislative branches as cautionary.

    There are sociopaths out there who’ll feel an urge or impulse based on hate and act. After accomplished they feel power. Apparently the ill directed sociopaths can feel power and hate and urges that can’t be denied.

    1. The proof of what you’re saying is what happened outside conservative Justices’ homes after the Dobbs draft was leaked. That included someone who showed up with weapons and intended to assassinate Justice Kavanaugh – one of the two Justices specifically named by Schumer in his threat that “you won’t know what hit you if you go forward with these awful decisions.”

      I also don’t think it is merely coincidental that after the dozens of dog whistles about Trump being Hitler and a threat to democracy, we had several actual assassination attempts on his life, including one where a bullet hit his ear, and another where a man with a rifle was pointing it through a fence while Trump was one golf-hole away. I’m not saying it was a conspiracy, only that it wasn’t a coincidence.

      1. OldManFromKS,
        I have noted those people seem to have sever TDS, a mental illness, are willing to attempt violence. Most sane and normal people reject or condone it while they seem to justify to “Get Trump!”

  6. 18 USC §115 states, in relevant part:

    Whoever . . . threatens to assault, . . . or murder . . . a United States judge . . . with intent to impede, intimidate, or interfere with such . . . judge . . . while in gaged in the performance of official duties . . . shall be punished as provided in subsection (b).

    Can anyone explain why Schumer’s statement made in the middle of an angry speech and directed specifically by name to Justices Kavanaugh and Gorsuch, that “you won’t know what hit you if you go forward with these awful decisions,” does not fit within the above description? And if you think 1A protects that speech from criminal liability, can you explain why that is true notwithstanding the Supreme Court’s true threat doctrine?

    https://en.wikipedia.org/wiki/True_threat

    PS: I posed essentially this question below, and someone took the opportunity to respond with a lot of political blather, but he never answered the question. My question does not involve politics, only the law. So, if you want to answer the question, I would appreciate it if you’d leave out the politics.

    1. “Can anyone explain why Schumer’s statement [. . .] does *not* fit within the above description?” (emphasis added)

      If nobody can, what do you conclude?

      Careful. You are on the precipice of the ignorantiam fallacy.

      And over the cliff in your desire to “get Schumer.”

      (Schumer is as scummy as they come. That is not an excuse to further pollute the American legal system.)

      1. If nobody can, what do you conclude?

        Only that nobody commenting here could, or cared to, answer me. Nothing more.

        And over the cliff in your desire to “get Schumer.”

        As I noted in my “PS,” I am not interested in the politics, only the law. My comment and its question was intended to be limited accordingly.

        1. “My comment and its question was intended . . .”

          Too late. You’ve already revealed what’s under your “apolitical” skirt.

          I have more respect for those who openly demand revenge. At least they don’t try to hide their desire to “get Schumer” by any means necessary.

    2. There are several requirements for a threats to loose first amendment protection.

      The threat must be clear – “you will not know what will hit you” is not clear.
      It must be immediate – unspecific threats about potentiol unspecified future acts are protected.
      It must be credible – you must have the power to deliver on the threat.
      it must be a threat to do something that you may not lawfully do.

      There are other criteria that apply also but these are not met by Schumers remarks.
      They are also not met by Trump’s remarks on J6.

      Investigating Schumer for this is improper and should be dismissed.
      Investigating indicting and prosecuting Trump for J6 remarks is even more egregious.

      1. There are several requirements for a threats to loose first amendment protection.

        I’m not saying your criteria are wrong, but I wonder: where did you get those from? Can you provide a link? Of course they are not mentioned in the statute, but then again you are talking about 1A protection. So that means they came from a Supreme Court case – or perhaps a lower federal court case? In any event, please let me know where those come from, or did you come up with them on your own?

        Thanks,
        OMFK

        1. See Brandenburg v Ohio.

          John Say, it is not true that “you must have the power to deliver on the threat”. A threat can be a “true” one even if you don’t actually have the means to carry it out. What is necessary is that a reasonable person would THINK you had both the means and the intent to do so. If you’ve phrased your threat such that a reasonable person would take it seriously and literally, and would actually fear that you would carry it out, then it counts as a true threat even if in fact you had neither the means nor the intent.

      2. # Was the man picked up at Kavanaugh’s home insane? What’s his history? The 2 Trump attempts men do have a history.

        Yes, they hear Schumer’s words as a direction, a command to do.

        1. How others, particularly crazy people, hear his words is not his problem. The law doesn’t make him responsible for crazy people.

          To count as incitement someone’s speech must be BOTH subjectively intended AND objectively likely to cause someone to break the law IMMEDIATELY upon hearing it. All three of those elements are key. With only two of them it’s not incitement, let alone with none of them.

    3. You linked to the article about true threats, but you don’t seem to have read it. Schumer did NOT threaten to assault or murder anyone, let alone a judge. He didn’t threaten to do ANYTHING. His words do not contain ANY threat at all, let alone a “true” one. So even if he had no congressional immunity he would be protected by the first amendment.

      But as it is he is fully protected as well by the speech or debate clause, which gives ABSOLUTE protection to anything he says in the course of his job as a legislator, not just on the floor of the senate but in committee meetings, public forums, and yes, the Supreme Court stairs. Note that unlike the preceding clause, this clause has no exceptions. So even if he HAD made a true threat he would be immune.

      So that is TWO independent reasons why 18 USC §115 doesn’t apply.

  7. I have long loved this statement I learned on the Hill: “Be careful where you stand, as the most dangerous place in Washington is the space between Chuck Schumer and a microphone.”

    1. @Anonymous

      No doubt. Let’s make the midterms hurt in a way the deep state (RINOs included) cannot fathom.

      1. James,
        I think the RINOs are coming around to the fact that the American voters are mostly on board with Trump, his policies and his wins. Them and the Never Trumpers need to tread lightly if they want to get re-elected.
        How marvelous!!

  8. I think the good professor need to bone up on the difference between assault and battery. He wrote, “Schumer did not call for physical assaults, let alone kidnapping or murder.” Assault is not physical, battery is. Assault occurs when a person is put in fear of bodily harm (battery), and Schumer’s words could easily cause that fear when the subject of the threat understands how Schumer’s words might affect unbalanced people.

    1. I think what you’re saying applies to the civil law of torts, not criminal law. In criminal law, assault involves harmful physical contact.

      1. https://www.justia.com/criminal/offenses/violent-crimes/assault-battery/
        “Traditionally, assault and battery comprised two distinct crimes. To get a conviction for assault, a prosecutor usually would need to show that an intentional act by the defendant put someone else in reasonable fear of imminent harm. Crucially, this does not require actual harm. To get a conviction for battery, in contrast, a prosecutor usually would need to show that the defendant intentionally struck the other person or made some other form of harmful or offensive contact. Some states, such as Florida and Illinois, still adhere to this distinction. Other states have extended definitions of “assault” to describe the type of physical contact historically called “battery.” For example, Texas Penal Code Section 22.01”

        1. That’s Texas. Other states define it differently. See, e.g., 18 Pa.C.S. §2701 (defining assault to include causing bodily injury). The Model Penal Code also defines assault to include causing bodily injury.

          But what matters is federal law, since Schumer’s actions were not done in Texas, and he is being investigated for having possibly committed a federal crime under Section 115 of 18 USC, which makes it a crime to “threaten to assault” certain people including federal judges. If Congress had contemplated “assault” as only meaning putting someone in fear of bodily harm, that would make little sense.

          1. Can you read OMFK? I just said (through justia, “Other states have extended definitions of “assault” to describe the type of physical contact historically called “battery.” For example, Texas Penal Code Section 22.01”,

            1. Wait, so are you now admitting that your original statement that “assault is not physical” was wrong, or at least, an unjustified generalization? It was based on that assertion that you took the law professor to task. And what about federal law, which is the most relevant in the present discussion? Do you agree with what I said about that?

          2. He didn’t threaten to assault anyone, and even if he had his congressional immunity would protect him.

  9. I agree with Prof Turley. To me, the TDS of the strongest anti-Trumpists in the last two weeks has reached the level of hysteria and panic.

    This freak-out could become as explosive for the Democrats as the MAGA eruption was for the GOP. Pro-Trumpists should consider resisting the impulse to intervene when the other side are throwing themselves down the stairs.

  10. “However, the source of this abuse was not found in the rank-and-file employees who were carrying out their functions under court supervision.”

    Professor Turley, Trump never sought to blame the rank and file, so your statement was inappropriate. He is the opposite, and when building, he would talk to the rank and file, trying to find out how things were going.

    1. There is a lot of poor reporting about what Trump is doing. The stories about his firing of certain DoJ officials is one example. These were contract attorneys recruited to work on J6 cases who were made permanent officials at the end of the Biden administration.

  11. I agree with defending Schumer’s speech, that is all of our right, even if he is what I consider a toxic person. Ah, but were that all that is there: he also pushed the Russia hoax, the J6 reality tv show, and all of the *actual* lawfare; who knows what else will be revealed through DOGE. So, good point made, Professor, but that is far, far from the entirety of the case against this person, and on some level, i think you know it. But please note that I agree his speech is not the issue.

    As an aside, the absolute, unrelenting allegiance to the DNC on the part of true believers, in spite of years, and years, and years of damning evidence against them, is a phenomena that should perhaps be studied someday. The party is rotten to the core, Professor, and they ain’t coming back. Stick a fork in them; they are done. David Hogg and AOC are the face of your party from now on, whether you like it or not, and I personally do not believe the DNC is long for this word. ‘Classical liberals’: time to kick the miscreants out and create your own party, or die. The rot is so deep at this point, there is likely no other way. 🤷🏻‍♂️ Stop using your rear view to assess the present or the future.

    1. Political players (Schumer, Trump) are egged on/stoked to “perform” for their supporters/constituents.
      And there is (generally-speaking) little satisfaction without a sense of VINDICATION on one side, and a corollary sense of RESENTMENT AND HARBORED GRUDGE on the other side. Perhaps because human evolution is based on a win/lose stratagem for survival?
      Even worse, if and when agreement succeeds, MEDIA turn it into adversarial consequence: “Trump Caves In to Mexico’s Demands,” “House Democrats Back Down on Border Funding,”etc. Who wants a headline like that?

      We all love WINNERS! That’s the way we are wired, methinks.

      p.s I’m betting on the SuperBowl Clydesdales…EVERYBODY loves them!
      Park Your Politics and have some fun. Let’s all hold our Boos during the National Anthem; No pee-peeing in the parking lot! No hoarding of Buffalo wings in your pockets. No coveting thy neighbor’s Jeep Gladiator!

      1. @lin

        Yes, but therein lies the problem and they *know* it; to them it is theater, to the average voter it is truth. I do not doubt for a second that Trump’s tariffs were merely bargaining tactics; I’m sure he knows some of his EOs will be challenged in court; similarly, the dem rhetoric is just empty words, not legal procedure or precedence. And they *know* it. It is propaganda by the book. And they *know* it is propaganda. One hundred percent.

        At some point, intent matters, and there has likely never been such a malevolent and narcissistic force as the modern left in my lifetime, not even formerly Soviet Russia. As a lifelong independent, never voting dem again, for ANYTHING, and Schumer does not get a pass, speech notwithstanding.

        1. James,
          Yes it is propaganda. We see it here on the good professor’s blog. They repeat the same MSM, DNC propaganda and we see through them.

        2. James: “…to them it is theater, to the average voter it is truth.”
          No truer statement could be made.

          (my point was simply that because we love winners and losers, MEDIA grabs onto what Schumer or Trump might say and turn(s) it into “political theater” declaring a winner or loser.)

      2. Lin,
        Yes. We do love winners. And so far, Trump is winning!!

        Is the Super Bowl this weekend? Who is even playing?

        1. @Upstate

          Indeed. Two weeks. Wrap your head around that. How is anyone supposed to think the past five (16?) years have been anything but, not incompetence, but blatant malfeasance, lies, and corruption? Thank God for our Constitution, and thank God for our system. The rest of the Western world is not so fortunate. I may not agree with all of Trump’s EOs, but we already have the levers to deal with it.

          1. James,
            Right! In just two weeks!!! He has done more good than Biden did in four years! Not to say we can rest easy. There are still issues that need dealt with and fixing Biden’s mess is not going to be easy.

    1. Proclamation 80—Calling Forth the Militia and Convening an Extra Session of Congress

      “On April 15, 1861,…President Abraham Lincoln issued a proclamation calling forth the state militias, to the sum of 75,000 troops, in order to suppress the rebellion. He appealed ‘to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and the existence of our National Union.’”

      Proclamation 92—Warning to Rebel Sympathizers

      “[On] July 17, 1862,…I, Abraham Lincoln, President of the United States, do hereby proclaim to and warn all persons within the contemplation of said sixth section to cease participating in, aiding, countenancing, or abetting the existing rebellion or any rebellion against the Government of the United States and to return to their proper allegiance to the United States on pain of the forfeitures and seizures as within and by said sixth section provided.”
      _______________________________________________________________________________

      Now President Donald J. Trump MUST pull a full “Lincoln” and close the border, impose martial law, prosecute a war against the communist rebellion without a formal declaration, shred the Communist Manifesto and irrevocably extirpate all principles of communism in America, implement the “manifest tenor” of the Constitution and Bill of Rights including absolute freedom, absolute free enterprise, absolute free markets, absolute private property, and a substantial diminution of taxation and regulation, eliminate the Departments of Labor, Education, Agriculture, Energy, HUD, and EPA, issue the “Deportation Proclamation” deporting all illegal aliens, past and present, including those who illegally pursued citizenship as criminal border crossers and “asylum” seekers who all made false and fraudulent claims of phantom, nonexistent persecution as foreign citizens with no U.S. rights, establish coherent voter qualifications by State legislatures per the Constitution, declare English the sole official language of the United States, suspend habeas corpus, smash opposition printing presses, networks, podcasts, social media platforms, etc., and throw anyone and everyone who opposes him in prison to Save the Union until America is placed squarely back on the Constitution and Bill of Rights.

      1. “eliminate the Departments of Labor, Education, Agriculture, Energy, HUD, and EPA”

        One down, five to go (maybe)…

        Trump expected to sign an executive order to abolish the Department of Education
        https://justthenews.com/politics-policy/education/trump-expected-sign-executive-order-abolish-department-education
        The White House is working on an executive order to shutter the Education Department, an attempt to fulfill President Trump’s campaign promise and a decades-long GOP ambition.

        We’ll need to see what kind of fight the Dems put up on this, and how effective they are. This certainly will not happen without a LOT of opposition – NEA and AFT money will see to that.

        1. Number 6,
          Thank you!! As I have mentioned before, I dont have cable. Cut it years ago. I like a good game but dont plan my whole weekends around watching sports.

  12. I don’t care who it is no one especially the majority Senate leader has the right to stand on the court house steps and threaten the Supreme Court Justices. Invoking hatred upon them. That is as bad as threatening their lives for some crazy to come shoot them or worse.

    1. Actually anyone has that right, since there was no threat; but especially a congressman, with his absolute immunity for ANYTHING he says in the course of his functioning in his job.

  13. I’ve said it before. It is neither Trump nor Schumer who will destroy America with their words.
    It is the politically-ideological MEDIA’s treatment (or non-treatment) of their words that is the biggest danger.

      1. I believe ‘it is easier to brainwash people than it is to convince them they have been brainwashed’.

        Don’t believe a word you read, lin, and only half of what you see. .. unless, of course, it’s true.

        *it’s what separates us from the corporate media farm animals.

    1. It’s their actions, and Trump is racing at a record pace to make it happen. He’s already sown chaos and confusion and got rolled by Mexico and Canada over his tariff threats. Plus, with his current agenda, he won’t lower grocery prices.

      Trump is hell-bent on revenge, and it shows. Blaming the media for reporting Trump’s antics and misfires on policy is a poor argument. It’s Trump who is creating the narrative. Not the media.

          1. Donald Trump repeatedly cheated on his wives with women who sell sex via pornography. He calls people awful names. There’s no excuse for denigrating someone because of their weight, as he has done to Governor Christie. Defending this and more of his sins is despicable.

          1. I’ve seen your posts claiming to be a Christian. No, you are not a new creature in Christ. You seem tov have the lovingkindness of wasp.

        1. You are correct–he is the antithesis of everything America stands for–raw ego of a sick narcissist who demands attention, adulation and praise, attacks against media or anyone else who dares to challenge him, lying, bullying, abuse of power, abuse of our allies, profoundly bad judgment–it’s literally overwhelming–but it’s all in Project 2025, that he denied knowing anything about and which he is now carrying out to the letter. Muskrat purchased the power of the presidency of the United States, and is the de facto president. The rat has locked government employees out of their computers, taken over the Treasury records, insults employees by telling them they are useless and unproductive and that they need to resign, took over the USAID office, called it a criminal operation, locked employees out and installed beds so unknown minions without security clearances can go through confidental records. Trump fired all of the most-senior FBI people and is demanding a list of everyone who was involved in his prosecutions—which were valid, by the way–but he is abusing the power he lied to get in order to seek revenge, just like Democrats warned he would. How many lawsuits have already been filed? What’s most disturbing is that the MAGA minions on this blog don’t see the truth staring them in the face, they don’t perceive how dangerous this power grab is, or how profoundly wicked Trump is–to borrow your description.

          1. Get off of Trump, will ya? Go make yourself useful. Go do the dishes or something. Or maybe, go in the bathroom and weigh yourself. That’ll take up some time and let you cool off a little.

    2. # agree. An actual journalist would present Schumer’s words, place, context or issue and not an editorial leaving it to the people for further research. 24/7 media must fill time.

      Hyperbole in Schumer’s with summoning the wind is the case as was release the Kraken a mythical creature. A direct threat is generally reported to police. The FBI probably wasn’t concerned.

  14. Prof. Turley;

    I have absolutely ZERO interest in your bogus claim that todays political rhetoric actually causes violence.

    Outside of (or possibly including) Antifa, political violence in the US – even none or quasi political violence such as mass shootings,
    are committed by people with serious mental health issues – primarily paranoid schitzophrenia – though there are others.

    These people will with near certainty do something evil for SOME reason – usually one that makes little sense to the rest of us.
    The Giffords shooter was driven by Grammar. The Unibomber by a very twisted “green agenda” Many of these people have manefestos that are evidence of their mental health issues – NOT evidence of real political motivations. Many of those manifestos mix a variety of different political and other delusions as justifications.

    These people are NOT driven by violent political rhetoric – they ARE driven by rising levels of mental health problems. By rapidly rising anxiety and depression. By rising chaos and confusion. By rising Drug problems.

    Thousands of politicians every year put “bullseyes” opn their political opponents – should one of thse be killed by a nut job – that does NOT confer cuplability to the political rhetoric.

    While I think it is likely that democrat attacks on Trump drove would be assassins to target Trump.
    These people were going to do SOMETHING Bar regardless.

    You are constantly trying to defend first amendment rights while concurrently blaming Trump Schumer and others for failing to self censor.

    That is a form of hypocrisy.

    The punishment for over the top political or other rhetoric is outsid ethe criminal justice system.
    It is voters voting for someone else. If they choose not to do so, then there is some kernel of truth to the over the top rhetoric that makes it acceptable.

    1. “ These people are NOT driven by violent political rhetoric – they ARE driven by rising levels of mental health problems. By rapidly rising anxiety and depression. By rising chaos and confusion. By rising Drug problems.”

      That’s not entirely true. Many people are indeed inspired by violent political rhetoric. Hitler used it. Mussolini used it. They used violent and denigrating rhetoric to inspire and encourage others to act on the views they espoused. You don’t have to be mentally ill or have schizophrenia to fall for such rhetoric.

      Ted Kaczynski the Unabomber was a genius, and like most geniuses, they are considered borderline sociopaths at some point. You can’t blame everything on mental illness; it’s such a poor excuse, and it is used to dismiss the fact that perfectly sane and often poorly educated individuals can be easily influenced by politically violent rhetoric or rhetoric that re-enforces ignorance.

      “ You are constantly trying to defend first amendment rights while concurrently blaming Trump Schumer and others for failing to self censor.”

      No, he’s blaming them for failing to accept or recognize their responsibility for what they say. That’s not self-censorship. It’s about recognizing that there is responsibility attached to expressing such rhetoric. Trump doesn’t take ownership of what he says because he doesn’t want to be held responsible for it when he’s called out on it. It’s the equivalent of shooting a gun indiscriminately and claiming no responsibility for where the bullets land despite the fact that it’s the same person pulling the trigger.

      Turley defends Schumer for the exact same reason he defends Trump and Trump supporters here don’t like that.

      1. # The manipulator is ill. Anyone can be manipulated. List the issues dems espouse and you’ve the weakness. Manipulators find the person’s or people’s weakness and use it. Iago used Othello’s Jealousy and Othello was manipulated into murder. Iago is a sociopath.

        Schummer plays on mass weaknesses and another manipulator , the pope or Selena gomez play on weaknesses set up as charity, mercy or tears. It’s a set up. Only reason can break the manipulation. Schumer was playing on abortion, a set up. Black’s play on whitey’s guilt etc. It’s sociopathic and the manipulated people succumb to mental illness because they lack reasonableness.

    2. “These people are NOT driven by violent political rhetoric – they ARE driven by rising levels of mental health problems.”

      Timothy McVeigh? McVeigh may have had a few issues, but I see no evidence of true mental illness, nor did his attorney appear to try to use that as a defense at the trial or the sentencing hearing. McVeigh was also pretty damned clear and articulate about his motivation, and that was purely political.

    3. The Giffords shooter was manifestly mentally ill. Campus police ordered him to stay away from his community college unless and until he could produce a physician’s letter attesting to his mental health. His parents took his shotgun away. And, on that fateful day, the ammo sales clerk at the first store he went to refused to sell him any ammo.
      Yet, he was able to buy a pistol, and ammo from another store.

    4. # The rage rhetoric can be used knowingly. Politicians understand the mental health issues within the population and seek to use them by calling them up with psyops. That indeed is the whirlwind and once summoned they’ll start fires, kill, destroy and that is the weapon of force and tyranny preferred and the chant- no justice no peace.

  15. The prosecution of Sen. Chuck Schumer pales in comparison to the actions of Obama and the communists (liberals, progressives, socialists, democrats, RINOs, AINOs).

    To wit,

    “We are five days away from fundamentally transforming the United States of America.”

    – Barack Obama
    ___________________

    “We will stop him.”

    – Peter Strzok to FBI paramour Lisa Page
    _____________________________________________

    “[Obama] wants to know everything we’re doing.”

    – Lisa Page to FBI paramour Peter Strzok
    _____________________________________________

    “I want to believe the path you threw out for consideration in Andy’s office — that there’s no way he gets elected — but I’m afraid we can’t take that risk It’s like an insurance policy in the unlikely event you die before 40.”

    – Peter Strzok to FBI parmour Lisa Page
    ____________________________________________

    “People on the 7th floor to include Director are fired up about this [Trump] server.”

    – Bill Priestap
    ________________

    “I had a discussion with the case team and we believe there to be predication to include former President of the United States Donald J. Trump as a predicated subject.”


    Timothy Thibault to John Crabb, U.S. Attorney’s Office, D.C.
    _________________________________________________________________

    The Obama Coup D’etat in America is the most egregious abuse of power and the most prodigious crime in American political history. The co-conspirators are:

    Kevin Clinesmith, Bill Taylor, Eric Ciaramella, Rosenstein, Mueller/Team, Andrew Weissmann,

    James Comey, Christopher Wray, McCabe, Strozk, Page, Laycock, Kadzic, Sally Yates,

    James Baker, Bruce Ohr, Nellie Ohr, Priestap, Kortan, Campbell, Sir Richard Dearlove,

    Christopher Steele, Simpson, Joseph Mifsud, Alexander Downer, Stefan “The Walrus” Halper,

    Azra Turk, Kerry, Hillary, Huma, Mills, Brennan, Gina Haspel, Clapper, Lerner, Farkas, Power,

    Lynch, Rice, Jarrett, Holder, Brazile, Sessions (patsy), Nadler, Schiff, Pelosi, Obama,

    Joe Biden, James E. Boasberg, Emmet Sullivan, Gen. Milley, George Soros, John McCain,

    Marc Elias, Igor Danchenko, Fiona Hill, Charles H. Dolan, Jake Sullivan, Strobe Talbot,

    Cody Shear, Victoria Nuland, Ray “Red Hat” Epps, Don Berlin, Kathy Ruemmler, Rodney Joffe,

    Paul Vixie, L. Jean Camp, Andrew Whitney, Lisa O. Monaco, Fani Willis, Alvin Bragg,

    Matthew Colangelo, Merrick Garland, Juan Merchan, et al.Timothy Thibault

  16. Prof. Turley, there is Zero difference between the investigation and even the prosecution and conviction of Schumer in this case and the SC DC case against Trump.

    ZERO.

    Both are wrong for the same reasons.

    That said I am not sure what is to be done.
    This type of lawfare MUST END.

    But I do not see it ending if Republicans unilaterally disarm and capitulate.

    I would note this goes beyond the lawfare against Trump.

    Trump is a Billionaire – he can deal with 96 bogus indictments.

    The prolife protestors SWATTED by the Biden DOJ can not. The J6 defendants whose “crime” even according to the judges, was what they SAID not what they did, can not.

    It is not even necescary for these efforts to be successful – the sole purpose is to silence opposition – whether that is to silence Trump or to silence prolife protestors or the silence parents upset about the rape of their child at a public school.

    Something must change. I do not see that change occuring if the Schumer investigation is dropped.

    SCOTUS tossed the 1512(c) cases on technical grounds – the DOJ read of the statute was overly broad.

    SCOTUS needed to say that Congress has very limited power to criminalize first amendment activities and J6 did not fall within those.

    I do NOT agree with your legal analysis. I do not beleive these case is about Schumers remarks inciting third party violence.

    I take Schumers remarks as a threat to directly using whatever power is available to him interfere with the actions of the courts. if they do not do as he demands.

    That is despicable. That is shameful. That is wrong. It is also a perfectly legitimate exercise of first amendment rights.

    Schumer is free as an individual, or even as a senator to work towards the impeachment of Kavanaugh and Gorsuch for completely bogus reasons. within the official powers available to him. And he is free top do so specifically to interfere with their official decisions as supreme court justices.

    While he should be punished for doing so – that Punishment should come from the electorate – not the criminal justice system.

    We need to limit criminal prosecutions to truly criminal acts.
    We need to punish (or not) despicable political acts politically.

    I am not sure that I do not support prosecuting Schumer in the hopes that SCOTUS will get it right this time and Dismiss the prosecution on first amendment grounds.

    WE need to end this and that does not occur if one side lays down their arms.
    It either ends through mutually assured destruction, or it ends. by the Supreme court reaffirming that the constitution leaves only the tiniest window open for the criminal prosecution of speech, and that neither Trump’s nor Schumers, nor prolife protestors, no J6 protestors, get through that window.

    1. John Say, I agree that these tit-for-tat prosecutions must end, but we both know that Trump is hell-bent on retribution and revenge. As you have often said in the past, “turnabout is fair play,” but now it seems that it is just creating more of the same.

      Under the leadership of Bondi and Kash Patel, Trump’s Department of Justice (DoJ) is likely to mirror the actions of the Democrats. While you may believe that Schumer’s statement was incorrect, you also recognize that he has the right to express his opinion. However, Trump and the Republicans aim to punish Schumer for his comments by launching an investigation against him. This demonstrates that they are not fundamentally different from the Democrats; their actions seem driven more by revenge rather than any substantial evidence of wrongdoing, such as in the case of Trump himself.

  17. I agree with the poster about Rudy.. words have consequences. Go back to the drawing board Mr Turkey.

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