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  • the president swore to preserve, protect and defend the Constitution of the United States.

  • That's against all comers, domestic or foreign.

  • That's what ours says, right?

  • Did he do that?

  • No.

  • On the contrary, he's like the fire chief.

  • He doesn't just say go ahead and shout fire in crowded theater, he summons the mob and sends the mob to go burn the theater down.

  • And when people start madly calling him and ringing the alarm bells, he watches it on TV, and he takes his sweet time for several hours.

  • He turns up the heat on the deputy fire chief, who he's mad at because he's not making it possible for him to pursue his political objectives.

  • And then when we say we don't want you to be fire chief ever again, he starts crying about the First Amendment.

  • Brandenburg was a case about a bunch of a Klansman who get assembled in the field, and they weren't near anybody such that they could actually do violent damage to people.

  • But they said some pretty repulsive racist things.

  • But the Supreme Court said they weren't inciting imminent lawless action because you couldn't have a mob, for example, break out the way that this mob broke out and took over the capital of United States of America.

  • And, by the way, don't compare him to one of those Klansmen in the field asserting their First Amendment rights.

  • Assume that he were the chief of police of the town, who went down to that rally and started calling for, you know, a rally at the City Hall and then nurturing that mob, cultivating that mob, pulling them in over a period of weeks and days, naming the date in the time in the place, riling them up beforehand.

  • And then just saying Be my guest.

  • Go and stop the steal.

  • Come on back to Tom Paine.

  • Use your common sense.

  • Use your common sense.

  • That's the standard of proof we want.

  • They're already treating their client like he's a criminal defendant.

  • They're talking about beyond a reasonable doubt that they think that we're making a criminal case here.

  • My friends, the president, the former president is not going to spend one hour or one minute in jail.

  • This is about protecting our republic and articulating in defining the standards of presidential conduct.

  • And if you want this to be a standard for totally appropriate presidential conduct going forward, be my guest.

  • But we're headed for a very different kind of country at that point.

the president swore to preserve, protect and defend the Constitution of the United States.

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