Glen, et. Al, 

I am concerned that the present article of impeachment relies on the concept of 
incitement, which has, I am told, a very specific and narrow definition in 
federal law.  Now I recognize that violation of federal law is not required for 
impeachment.  However, I would hope that, just to be sure, we would add the 
charges of “reckless disregard” during the Ellipse speech and "dereliction of 
duty to protect” during the later stages of the riot itself.  Neither charge 
requires the establishment of criminal intent.  It is as if he drove down a 
crowded walking street at high speed and then failed to stop to give aid when 
he heard a bunch of thumps on his fenders.  Sure he was late for a dentist 
appointment; what difference does that make?

As to intent:  When I was a lad, I went to a shrink. The third time that I 
spilled a cup of coffee on her desk, she opined that I might harbor some 
resistance to treatment.  I claimed I had no such intent.  In retrospect, I 
think she was right.  "Intent" just means a "persistence-until quality to 
behavior."  

Nick 

Nick Thompson
[email protected]
https://wordpress.clarku.edu/nthompson/

-----Original Message-----
From: Friam <[email protected]> On Behalf Of u?l? ???
Sent: Tuesday, January 19, 2021 10:03 AM
To: FriAM <[email protected]>
Subject: [FRIAM] incitement

How Trump’s language shifted in the weeks leading up to the Capitol riot – 2 
linguists explain
https://theconversation.com/how-trumps-language-shifted-in-the-weeks-leading-up-to-the-capitol-riot-2-linguists-explain-152483

There's plenty to doubt, there. But it follows along our previous conversations 
about ambiguity (both [in]formal) and binding. Personally, I don't believe 
Trump purposefully incited the riot. He'd have to be a literal genius to 
*purposefully* use language like this with the intent/objectives attributed to 
him. What does it mean, though, to *accidentally* incite a riot? Where does 
_mens rea_ fall for incitement? It seems most plausible that Trump is simply 
pre-adapted to riot-incitement by his years of practiced marketing bullsh¡t and 
the trendly positive feedback he gets from that marketing bullsh¡t. He did 
incite a *rally*. He loves when his groupies get together to fawn over him. But 
did he incite them to riot? I don't think so. Laughable as the idea is, were I 
a Senator, I'd probably vote to acquit.

-- 
↙↙↙ uǝlƃ

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