This Trump tweet could feature prominently in the next indictment.
. It also came, according to the House Jan. 6 committee, after White House chief of staff Mark Meadows had notified Trump of the violence.Trump plainly had in mind one or more of three aims. First, for a final desperate time, to directly intimidate and threaten Pence to bend to Trump’s will by using the mob in the Capitol.
Second, to inflame the insurrectionists so they would threaten or intimidate Pence to surrender his right as presiding officer to have the votes lawfully counted. Third, to wreak revenge on Pence for not yielding should the first two aims fail. That would constitute an attempt to punish Pence for exercising his constitutional right—and by proxy that of American voters—another violation of the statute.Let’s focus now on how the June 27 Supreme Court ruling bears on this potential way to charge the civil rights statute.
, the leading case on what takes a threat out of the realm of free-speech protection, the court identified three factors to determine whether a threat was real or hyperbole: 1) the context in which it was issued; 2) whether there were conditions attached; and 3) the reaction of listeners or the recipient.The context on Jan. 6 made absolutely clear that Trump’s words were meant to put a target on Pence’s back.
As for listeners, Sarah Matthews, White House communications aide, saw the tweet in real time and testified to the Jan. 6 committee that it was “
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