How President Trump could be prosecuted for inciting violence |

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and for more now on the president’s role in this week’s deadly besieging on the capitol we bring in abc news contributor kate shaw constitution professor cardozo law thanks so much better for connecting us kate now the president supported his supporters this week with oaths like you’ll never take back our country with weakness you have to show strength do you think that president trump devoted any crime now and what about shelters for free speech i think he perhaps did perpetrate incitement to violence i think there’s at least a real case that he did and in terms of protection for speech you know the first amendment is typically viewed as a protection that we as private citizens have against the government so it protects us from the government repressing our addres if say it doesn’t like it but it’s not generally something we think of as the government possessing so it would be singular as a matter of the constitution for the president to say he’s immune from the consequences of his speech because of the first amendment it’s just not typically how national constitutions runs while there is no precedent could chairwoman trump mercy himself before he leaves place and what the hell is that protect him from accurately because that’s just for federal trial proper and and for example if it were to be inciting a rampage is that a federal crime[ Music] so to the first question yes he absolutely could pardon himself although it’s never been done before but whether that would actually shield him from criminal prosecution is a different question so make first the issue of federal trial uh merely because he indulgences himself doesn’t mean the department of justice under the biden administration would certainly expressed the view that that acquittal was valid i think there’s actually an assertion that reprieving himself would see the justice department potentially even more likely to attempt to pursue criminal charges against him in part because it would be a risky president to allow a chairperson to excuse himself and thereby escape all criminal responsibility at least in the federal structure and the department of justice has typically taken the position that a self-pardon is not authorized so it’s not even clear it would shield him from federal trial but it obviously wouldn’t shield him from any kind of state prosecution so take for example criminal proceedings in georgia based on his phone call to secretary of state brad raffensburger nothing in a pardon whether it’s a pardon that he sacrifices himself or potentially that of vice president mike pence as acting chairman if chairwoman trump leaves position might give him none of that would shield him from possible owned criminal prosecution and we’ve heard paroles exerted like sedition insurgency even treason but the federal indicts so far along the lines of disorderly conduct and forcibly penetrating a restricted build were these acts by the people who are part of this gathering more ominou than that is publication you know lindsay i think the reason we’re insure prices along the line of breaking and entering and trespassing at this point is because those are very easy bills to prove i don’t think we should presume we won’t see anything more serious so you mentioned sedition and seditious scheme those are both federal criminal offense and they require basically plotting to overthrow or harm the government or to hamper the execution of the laws and i think it’s just that those kinds of charges just take more time to build so you’re going to need to figure out what the intention of some of these musicians was what conversations preceded the storming of the capital so i would well imagine those kinds of charges are being considered they just may take more time to build kate shaw thank you as always for your penetration we applauded the fact thanks lindsey hi everyone george stephanopoulos now thanks for checking out the abc news youtube channel if you’d like to get more videos testify foregrounds and watch live occasion coverage click on the right over here to subscribe to our direct and don’t forget to download the abc news app for crack bulletin alertings thanks for watching



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