PHILADELPHIA, Pennsylvania — The legal hook to snag Donald J. Trump: “Stay peaceful!”
Ironic words to meld a criminal case against our soon-to-be ex-president for his role in the siege of Capitol Hill.
I could not figure out how Trump is culpable for his pep talk to the thugs who went on to murder a police officer, injure other officers, terrify hundreds of powerful figures and trash the halls of Congress. At first.
What he told them was too vague to make him criminally responsible. He did not specify that they invade the place or commit any other crimes, and these goons do have minds of their own. It is what Trump said and did, or refuse to say and do, in the midst of this debacle. He did nothing to stop it when he knew it was happening.
I am not an attorney, so I tread on shaky ground here.
Trump failed to exercise his authority to control the Capitol Hill assault once it happened. During this time, appeals were made to send in the National Guard. That required Pentagon approval, and it appears that Trump was not involved in activating the Guard, which was relatively slow in coming.
That could qualify as criminal negligence. Failure to act when he could have might amount to the federal version of reckless endangerment. People’s lives were jeopardized while he tweeted. That could make him an accomplice to first-degree murder and all other crimes that were committed.
U.S. Capitol Police Officer Brian Sicknick, originally from South River, N.J., near New Brunswick, was murdered during Wednesday’s melee. Not manslaughter, but murder. The person who struck Sicknick with a fire extinguisher did not care if it might kill him. That makes each thug who participated an accomplice to first-degree murder.
This New York Times report recounts Trump’s inaction: “Mr. Trump initially stayed quiet as the mob rampaged through the Capitol. When he did make himself heard, it was to call for support for law enforcement in a tweet that concluded, ‘Stay peaceful’!”
Stay peaceful? How? Even if they were not beating police officers, damaging property or stealing office documents, how is occupying Capitol facilities a peaceful act? These goons already violated federal laws by busting into the Capitol.
The Times account continues, “But not long after, he released a brief video repeating his disproved claim that ‘the election was stolen’ and speaking in sympathetic and affectionate terms to members of the mob. He absolved the mobsters of their gross assault, effectively arguing that their actions had been warranted.”
Wednesday evening, Trump wrote in a tweet, “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!”
The single article of impeachment introduced on Monday in the House of Representatives is sufficient for the impeachment process. The constitution is too vague about what amounts to “high crimes and misdemeanors.” President Clinton’s lies about his sex life are nothing compared to this week’s insurrection attempt.
The impeachment article states that Trump addressed the crowd at the Ellipse shortly before they marched to the Capitol, adding, “There, he reiterated false claims that ‘we won this election, and we won it by a landslide.’ He also willfully made statements that, in context, encouraged – and foreseeably resulted in – lawless action at the Capitol, such as: ‘if you don’t fight like hell you’re not going to have a country anymore’.”
In context? What context? How does “fight like hell” translate to the “lawless action?” I just cannot see how Trump’s speech can be successfully prosecuted in a court of law.
However, Trump’s conduct during the invasion could well be criminal. It may also serve as evidence that with his speech he intentionally attempted to inspire criminal behavior.
It is hopeful that the FBI will attempt to learn just how coordinated was this assault. Anyone can conclude that this incident was orchestrated. It does not take a military strategist to figure that out.
We can only wonder if the investigation leads to the Oval Office. Who would be surprised if Trump was behind it?
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Bruce S. Ticker is a freelance columnist based in Philadelphia. He may be contacted via bruce.ticker@sdjewishworld.com