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Culture War Roundup for the week of July 1, 2024

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Trump probably doesn't get immunity for his acts on January 6th under this decision. Unfortunately for the prosecution, since those acts consist of Tweets containing clearly protected speech, which do not urge violence, that's going to be tough to pass Constitutional muster for other reasons.

As for whether anyone has done anything comparable, I'd be very surprised if no President has urged on a rally by supporters. Whether any has told them to go home after the rally turned to a riot, I don't know.

urged on a rally by supporters

This is a ridiculous way to describe January 6

This is a ridiculous way to describe January 6

I am not describing January 6 that way. I am describing Trump's speech starting at 11am that way. The riot had not yet started; it started during the speech but Trump didn't know about it, since he was at the Ellipse, not the Capitol. The breach of the Capitol building wasn't until 2pm.

Refusing to issue any kind of statement asking his supporters to stand down while they invaded the capitol was also indefensible.

He did, several times. From the Newsweek timeline.

2:38 p.m.: Trump urges people to "support our Capitol police and law enforcement," and tweets that "they are truly on the side of our country. Stay peaceful!"

3:13 p.m.: Trump posts on Twitter that he's asking people at the Capitol to "remain peaceful" and not engage in violence: "Remember, we are the party of law and order–respect the law and our great men and women in Blue. Thank you!"

4:17 p.m.: Trump posts a video on social media telling rioters that he knows their pain and hurt. "We had an election that was stolen from us. It was a landslide election and everyone knows it, especially the other side. But you have to go home now ... We have to have peace. We have to have law and order. ... So go home. We love you, you're very special. ... I know how you feel. But go home and go home in peace," he says.

Why? What specific elements justify stronger language?

The special status applied to J6 was cemented with deliberate lies about the violence committed by the protestors. We know now that they did not, in fact, kill police officers, or anyone for that matter. We know that there was a complete failure of preparation and policing on the part of the government, which made crowd control completely ineffective. We can be pretty sure that there were many plainclothes government agents and informants in the crowd, encouraging others to break the law. We know that the police, lacking manpower, began waving the crowds through, and then that security forces shot an unarmed woman when the crowd tried to enter the chambers themselves.

We know that the protestors brought no guns, even though they could have. We know that they generally did not bring other weapons, despite lies to the contrary. We know they engaged in no serious violence, no serious destruction of property, nor even serious looting, despite complete failure to control the crowd. We know that protesters interrupting congressional deliberations is not some unprecedented event, and in fact Blue protesters have done it repeatedly in the past. We know protesters breaking into secure areas to confront and harass congressional officials is not some unprecedented act; blue protesters have done it before, and without being shot in response.

What's the actual argument?

We can be pretty sure that there were many plainclothes government agents and informants in the crowd, encouraging others to break the law.

Sauce?

"Insurrection" is a ridiculous way to describe J6. "Riot" is probably the most accurate, but it evokes massive BLM-style destruction, so I can understand going for something milder.

I distinguish between the rally, which was the planned event including a march to the Capitol, and the riot which grew out of it, where barricades were broken down, police were assaulted, the Capitol building was vandalized, and the Capitol and legislative officers were entered.

I agree that insurrection is not the right word, but neither is riot. The crowd was trying to stop the election certification, not just registering dissent.

Didn't they literally leave when asked to leave?

Anyway the goal of a riot is not "registering dissent", that's a "demonstration", "protest" or a "rally" that Nybbler used. Therefore "riot" should be perfectly fine.