The new J6 Committee has started its hearings and, unlike the prior Committee, Republicans have allowed Democrats to select members to sit in opposition. That has led to sharp exchanges, but one of the more interesting occurred between Rep. Harriet Hageman (R., Wyo.) and Jamie Raskin (D., Md.). After Hageman got a witness to admit that no one was charged with incitement, Raskin made the clearly false statement that a few defendants charged with seditious conspiracy was the same thing as incitement. It is not.
Rep. Raskin triggered the confrontation by making a clearly false claim about one of those charged by the Biden Administration: “I would just commend to everybody the testimony of Pamela Hemphill, who was a convicted insurrectionist that was pardoned. She rejected her pardon.”
In reality, Hemphill was charged (like most of the rioters) with relatively minor misdemeanors. She pleaded guilty to one count of demonstrating, picketing, or parading in a Capitol building and received just 60 days in prison, 36 months of probation, and a $500 fine for restitution. She was never charged with insurrection or any felony.
Rep. Hageman pounced on the comment and asked former Justice Department prosecutor Michael Romano whether any January 6 protester had actually been convicted under the federal insurrection statute.
Romano tried to dodge the question but admitted that no one, not Trump nor any rioter, was ever charged with insurrection. Notably, after January 6th, there was a great amount of coverage on Trump and his aides being possibly charged with insurrection or incitement. Despite some of us noting that the speech was clearly protected under the First Amendment, the press portrayed such a charge as credible and heaped coverage on District of Columbia Attorney General Karl Racine, who announced that he was considering arresting Trump, Donald Trump Jr., Rudy Giuliani, and U.S. Rep. Mo Brooks and charging them with incitement. It never happened. The reason is obvious. It could not be legally maintained.
While the FBI launched a massive national investigation, it did not find evidence of an insurrection. While a few were charged with seditious conspiracy, no one was charged with insurrection.
The Supreme Court later reduced charges further by rejecting obstruction charges in some cases.
Yet that did not stop members and the media from repeating the false mantra that this was an insurrection, despite some of us immediately rejecting it as legally unsustainable. Indeed, Democrats used the false claim to seek to disqualify Trump and dozens of Republicans from ballots.
Now back to the hearing.
Hageman asked the witness, “Mr. Romano, did you prosecute anyone related to January 6th for engaging in an insurrection?” she asked. Romano responded, “No, congresswoman.”
That is when Raskin objected and tried to interrupt the confirmation that, in fact, there never was an insurrection or any such charges.
Hageman persisted, “So, Mr. Raskin’s statement that someone was a ‘convicted insurrectionist’ is actually inaccurate, isn’t that correct?” When Romano again tried to pivot, she pressed further, “She wasn’t a convicted insurrectionist, was she?”
“For the crime of insurrection, no,” he admitted.
Raskin shouted, “Do you accept seditious conspiracy as insurrection?”
It was a telling statement. For the record, I have long been a critic of sedition crimes. As I discuss in my book “The Indispensable Right: Free Speech in an Age of Rage,”sedition was a noxious import from Great Britain. British judges had balked at the effort to accuse citizens of treason for things like telling bawdy jokes about the queen in some pub.
However, putting that aside, the handful of charges for seditious conspiracy are not legally the same or even close to an insurrection charge. Rep. Raskin, a former law professor, must know that.
The provision in 18 U.S.C. 2384 has long been controversial because it is so sweeping and includes any effort “by force to prevent, hinder, or delay the execution of any law.” While the provision can also entail an intent to overthrow the country, the provision covers any interference with federal proceedings or laws.
Ironically, Raskin opposes the invocation of the Insurrection Act in cities like Minneapolis on the basis of the interference with federal officials in the enforcement of federal law. However, he seems to view this provision as endlessly malleable, so that anyone accused of hindering the execution of a federal law is an insurrectionist.
After January 6th, Justice Department official Michael Sherwin publicly declared that “our office wanted to ensure that there was shock and awe” in hitting people with a maximal level of charges. Yet, despite that “shock and awe” effort, not a single charge for insurrection was ever brought — an inconvenient truth for members like Raskin.
None of this excuses the outrageous riot that occurred on that terrible day. However, seeking to conform the criminal code to the political narrative serves neither the Congress nor the public.
The Police attacked the Demonstrators first with crowd control devices provoking some of the demonstrators to respond and providing an excuse for others
Quite the contrast to the first Jan6th committee. This go around, Republicans allow the Democrats select whom they wanted on the committee, whereas Pelosi did not. No TV producer. No carefully written scripts. Hard questions being asked, and getting answers. No convicted insurrectionist.
“the handful of charges for seditious conspiracy are not legally the same or even close to an insurrection charge.”
Thank you for pointing that out professor.
Seems the Democrats are desperate to keep the “insurrection” myth alive. I can understand why; They have nothing else to run on.
“Trump is suggesting American boots on the ground in Venezuela and Greenland – without legal permission from Congress.”
Instead of Democrat implications and suggestive fears, can you simply say “Danish West Indies”?
Fun fact: as best as normal Americans can tell, Trump is copying (without attribution) President Woodrow Wilson’s application of the Monroe Doctrine to Denmark a century ago. A fact not a single one of today’s Democrats (who are currently copying Woodrow Wilson’s racism and totalitarianism) are willing to mention.
You Democrats’ wringing your hands in fear may have attended sufficient Civics classes in school to have heard of the U.S. Virgin Islands? Well, they were previously referred to as the Danish East Indies – did you know that? Yep, same Denmark that also claims Greenland as a similar territory.
During WWI, amid strategic fears that Denmark would sell Greenland to the Kaiser, or that Germany would simply annex Greenland by force, President Wilson engaged in furious saber rattling and threats of war directed at Denmark. Which ultimately resulted in negotiations where Denmark divested itself of the Danish East Indies for $25,000,000 in 1917.
A final fun fact for you Democrats: despite all the years of President Woodrow Wilson’s saber rattling and threats toward Denmark and the ancestors of slaves who were the population of the Danish East Indies, a referendum on whether their country and they should be sold to Woodrow Wilson was held.
About 99% of those people who were the children of Denmark’s former slaves on those islands voted in approval of the sale – despite the fact that unlike Trump, they knew that President Wilson was a virulent racist and Kluxxer who had segregated America once again after taking office. Their faith was in what their life would be like under the United States, versus what it was at the time under Denmark.
Which is probably why Trump keeps repeatedly bringing up referendums and purchase. Just like Woodrow Wilson did negotiating with Greenland a century ago.
Feel better now with that history lesson after you’ invited this teachable moment with your terror due to believing Trump is about to invade Greenland/Denmark?
I don’t agree with the social media manner that Trump is using for this. But I also realize that Greenland and the threat of it becoming a tool of the ChiComs or Putin has been long recognized by both the US and NATO as well. Like other things, Trump is the only president that has had the courage to attempt to do something meaningful about the strategic threat of Greenland controlled by those adversarial nations.
Where’s Liz Cheney in all this revisionism of J6. Where’s the FBI report of her witness tampering and obstruction efforts? You know she is guilty and just like her Daddy, never had a good heart.
OT
I have been saying that Congress needs to trim the jurisdiction of district court judges because too many of them act like they learned law in a lunatic asylum and believe they can usurp other branches of government.
Here is an amusing comment on a judge who is shocked to learn he has no jurisdiction over an immigration issue. This needs to happen more often with these black hearted, black robed tyrants.
https://instapundit.com/769285
The comments here have lost context to the article – let’s return. The reinstantiation of the “Jan 6” Congressional Propaganda Platform.
1. This is one of the vectors of call to arms for the Brown Shirts – to return with hatred, bigotry and violence as the “only” idea and appropriate culture in public discourse (Walz, Frey, Ellison, Omar, . . . are leading this Bier Hall Putsch today)
2. It keeps sounding like General Mark Milley’s logical support of the Burning of the Reichstag was a stepping stone to the removal of power(and supplanting it with the dark chamber ruling class of the last 16 years – and should be exercised (in other words, military coup support of the DOJ Gestapo approach headed by Merrick Garland)
3. Like those who backhand support political assassination (or the National Socialist German Workers’ Party response to the death of diplomat) — “oohh, we didn’t mean you should do it, it’s just that person had ideas that provoked assassination – and if he’d kept his mouth shut he’d still be alive.”
Expect march in the streets with the appropriate signs and lies – condoned, approved, and supported by the “New World Order” progressive oligarchs/autocrats.
Jamie Ratskin can tell 30 lies in a minute. Hakeem is out of his mind and league.
A new J6 committee? How about indictments and arrests of the original J6 committee? Or maybe a committee to look into the BLM riots of 2020? One of these jokers must be thinking about a 2028 run. . .
How about a J1 Committee to investigate both the unindicted felons from the Democrats street thugs in Antifa and Black Liars & Marxists who carried out that assault. And FBI Director, federal prosecutors, and others who ignored that as “mostly peaceful protesting” but weeks later tracked down every granny in every corner of the country who trespassed onto that lawn long enough to take a selfie before heading home.
Hear, Hear! While this new committee should have been selected following the same manner as Pelosi’s selection, the unfair and immoral misappropriation will not be copied and repeated.
Though these socialist-democrats, who encourage and allow daily insurrections, deserve turnabout,
Conservatives are still, and always, the better angels in the administration of government, however imperfect that may be.
A fair suggestion: don’t put any of the same violently-biased people from the previous kangaroo-J6-inquiry back on a new panel.
Plus the lied about Prez Trump grabbing the steering wheel.
Is it possible to have two groups of replies to Professor Turley’ e-letters? one for all replies posted by the one “Anonymous” and the other for all other contributors?
A debate does not require names; it requires only arguments.
____________________________________________________________________
A debate is a structured discussion or formal contest where two opposing sides present arguments for and against a specific topic, following established rules, to persuade an audience or judge of their viewpoint.
____________________________
Merriam-Webster
debate
noun
: a contention by words or arguments
Jonathan –
I appreciate your viewpoiints but wonder why you have no comment on the White House’s recent version of Jan. 6th history or, unlike all your well-taken views on Biden family conflictcs, you’ve had none that I’ve seen on Trump’s manifold financial conflicts of interest.
” Trump’s manifold financial conflicts of interest.” Um… seems you’re the only who knows about.
If what you say is so, then why haven’t your democratic colleagues discovered it?
Swing and a miss ….
It was an attempted coup. The more the MAGAs deny that the dumber they look.
Attempted coup? You got proof there buddy? Ah, didn’t think so.
I agree, Obama initiated a seditious conspiracy and orchestrated an attempted coup of a duly elected president.
Got proof? Saying it doesn’t make it so.
Proof? Do you live under a rock, oh forget I asked that. Please See Tulsi Gabbard (D) press release declassification of documents complete with CIA Director Brennan notes. Creating a false report contrary to reported findings, in a malicious attempt to discredit and impede an incoming President.
Damming evidence when presented.
“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, Timothy Thibault et al.
Yep all them pitch forks and knifes were not enough to stop the Capital police.
Jezzzzzzzzzzzzz Talk about dumb.
Jamie Raskin is a rookie at this. In a “hold my latte and watch this” moment, House Minority Leader Hakeem Jeffries threatened the entire Trump administration with future Pelosi inspired Soviet-style political show trials. Trials where, like Lavarentiy Beria, Fanny Willis and Jack Smith, they would change the existing law to prosecute all Trump administration and law enforcement personnel once back in power:
To all members of the Trump administration, the incitement and engagement in state violence against the American people is a serious crime. Donald Trump will leave office long before the five-year statute of limitations expires. You are hereby put on notice.
Every single one of these people who we see brutalizing the American people, they’re gonna be held accountable one way or the other, accordance with the law. And the statute of limitations, this is for every single member of the Trump administration, is five years. There’ll be a lot of people in this country, patriotic people determined to make sure those who broke the law with impunity during the Trump administration are held accountable.
The Trump Administration should be thankful this isn’t Cuba – like Castro, Hakeem Jeffries would simply have Jack Smith line them all up in a soccer stadium and shoot them.
“Jamie Raskin is a rookie at this.” Really, how do you figure? The guy gets headlines nonstop. MSM loves him. Voters gobble-up his nonsense.
If he’s a rookie, then you could easily defeat him. Right?
While Raskin is no rookie—perhaps his cancer-addled brain is laid waste—your point is well-taken.
The REAL authoritarians are itching and salivating for the return of power like rabid animals—they will be far more dangerous, and accomplish far more illegalities than anything they accuse Trump of doing….
Always Vote AGAINST blue, as if your life depends on it.
Trump is suggesting American boots on the ground in Venezuela and Greenland – without legal permission from Congress. Maybe this should be the top priority? Protecting American troop casualties in a nation-building exercise.
Not long ago, Trump suggested annexing Canada as the 51st state. Pretty liberal and radical plan.
Well, if Minnesota drives out federal agents so that Walz, Frey, and Omar don’t have to be investigated for fraud, then my advice is for Virginians to invent the Free State of Middle Virginia and tell the D.C. suburbs that their politicians in Richmond better get out or else.
If the trolls think that’s absurd, they lack any self-awareness. The Democrats are becoming the party of anarchy and don’t have the accountability to admit it.
The Democrats are becoming the party of anarchy, AGAIN… there, fixed it.
Anarchy? They dominate the MSM headlines, the streets, the voters minds. And you call that anarchy? And the midterms go the the ….. democrats.
Home run!
Only schmucks read or believe MSM headlines. The rest of us, and the majority of Americans switched MSM off. Reflects in their ratings.
The streets? All we see is anarchy. Most sensible, normal, rational Americans want safe streets. Not violent riots.
Voters minds? Yeah, dont vote for Democrats. They are full of crazy and stupid.
Trump is suggesting American boots on the ground in Venezuela and Greenland
Over six months ago after Trump destroyed the nuclear weapons facility that Obama and Biden financed and paid for, you said Trump was suggesting he’d have American boots on the ground in Iran. Particularly when he hadn’t got legal permission from Congress to start what you claimed would be World War Three.
This should be an easy question: where’s that war that you and the execrable liar Jamie Raskin promised us in Iran?
Anon
Shhhhhhh….Top Secret.
America already has boots on the ground in Greenland. Has had for years…they are at these secret installations called bases that were agreed to at the end of WW II. Shhhhh…don’t tell anyone.
They’re not real secret according to Wikipedia:
I don’t know what all the fuss is about. The U.S. has been on Greenland for a long time, including a base built in 1959 (67 years ago) known as Camp Century.
https://en.wikipedia.org/wiki/Camp_Century
There are also Distant Early Warning Line installations built from 1955-60, and includes Iceland.
Dye-2 and 3 were among 58 Distant Early Warning (DEW) Line radar stations built by the United States of America (USA) between 1955 and 1960 across Alaska, Canada, Greenland and Iceland at a cost of billions of dollars.
[Link] en.wikipedia.org/wiki/Dye_3#Distant_Early_Warning_Line
[Link] en.wikipedia.org/wiki/Distant_Early_Warning_Line
The Greenlandic Inuit only want access to Domino’s Pizza deliveries and Costco, that’s not to much to ask for an Ice Cube.
Helloooooo … todays subject: J6.
If Raskin were still teaching,* I would love to sit in on one of his classes and ask him, “Please articulate the legal distinction between Minnesota protesters who are throwing bricks, rocks, and lighted fireworks at ICE police officials and kicking in, destroying their vehicles, as well as violently trying to push past ICE personnel and physical barriers to break into ICE property…..and the January 6 protesters.
(* a professor of constitutional law at American University’s Washington College of Law for more than 25 years. https://raskin.house.gov/about)
(I meant to add the language of the cited 18 USC 2384, “…or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof…
I further note that “seizure” of government property would include conversion by destruction, as is true in other applications of law.
You are a pathetic clown thinking all those sources mean anything to Minnesotans.
Excuse me sir, you are violating 18 USC 2384, and putting you under arrest.
Arrestee pulls out gun and shoot officer.
Trumps responds with a nuke attack justifying it by citing 8 USC 2384.
?????
Lin, every single one of them acts and speaks like the J1 assault on the White House, attempting to breach Secret Service and Capitol police lines with Molotov Cocktails and other lethal weapons in order to get inside to murder Trump, never actually happened. Raskin, Jeffries, et al memory-holed it while it was happening and Biden was encouraging them by telling Americans they were a “courageous group of Americans”.
This is a rhetorical question of course: do you think these constitutional law professors like Jamie Raskin and Professor Turley, who memory holed the J1 assault on the White House, are suddenly going to develop uniform standards to apply to political violence? Either in their words about the violence or their actions?
J1, like the months of violent rioting in Democrat strongholds across the USA during the election campaign, was just “mostly peaceful protesting”.
I kinda understand what you are saying ? (are you asking why the May 31-June1 2020 protesters were not prosecuted under 2384?)
I’m simply musing that Raskin should explain the difference in application ( Sec. 2384 that Professor Turley cited was used against J6 protesters). While the LOCATION (U.S. Capitol vs. Minnesota streets and ICE facilties) is more egregious, the underlying elements of crime remain the same.)
Lin
If Raskin were still teaching it would best be a Special Ed class that his skill level supports on how to put caps on toothpaste tubes. Where not only do the students, but the teacher too would arrive on the yellow electric short bus!
and you would be his only student.
No, I would be the driver for the electric bus…trying to help the intellectually challenged.
Did you think that up all by yourself?
Lin,
Well said. The chaos and anarchy in the streets of Minnesota look a lot more like an insurrection than anything that occurred on Jan6th.
But Walz needs this kind of distraction to deflect from his massive incompetence of the billions of fraud that happened while he was in office.