The Authority Figure Defense

My latest for the Washington Post with https://t.co/QwdXVmXXuk

The" target="_blank">@reichellaw

https://t.co/QwdXVmXXuk

The Public Authority Defense will make it harder for the Trumps, Giuliani, and pals to squirm out of facing consequences.

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Here’s how the defense works. If the chief of police tells you that you could ignore “no parking” sign, you could evoke the Public Authority Defense.

You could point your finger at the authority figure who invited you to commit the illegal act.
https://t.co/QwdXVmXXuk

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The spotlight then turns to the authority figure: Did the chief of police have the authority to waive the parking restriction?

If not, was it reasonable for you to believe that he did?

See where this is going?
https://t.co/QwdXVmXXuk

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Each day, more evidence emerges that Trump and other elected officials instigated this riot.

Every day, more evidence emerges that the lies told by people like @tedcruz, @HawleyMO, and @KellyannePolls led to the violence.
https://t.co/QwdXVmXXuk

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The public authority defense doesn’t mean the rioters are off the hook: They can still be arrested, charged and brought to trial.

But depending on the circumstances, a defense like this one can mitigate or even eliminate their culpability or lessen their punishment.

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The availability of this defense makes it more likely that the instigators—including Trump—face prosecution.

How would it look to a jury if the people who incited the failed insurrection go free, while the foot soldiers doing their bidding pay the price?

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Such an outcome is offensive to the idea of fairness and equal justice for all.

What it may take to stop these liars— and deter others from spreading lies — will be seeing their names dragged into a criminal trial as part of a defense, which shines the spotlight on them.

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The Trumps, @tedcruz, @HawleyMO, and @KellyannePolls of the world who have made their careers stirring the mob to a frenzy with lies never cared that their lies have deadly consequences.

Maybe this will make them care.
https://t.co/QwdXVmXXuk

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I personally believe that the storming of the Capitol will go down in history as the most shocking crime against the nation because it was instigated by the sitting United States President and his propaganda network.

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So naturally, members of the propaganda network want to move on.
https://t.co/2lYIEGpZ6C

Naturally, people like @tedcruz, @HawleyMO, and @KellyannePolls want to be able to "condemn" the violence they sparked and then avoid personal responsibility for their destructive lies.

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More from Teri Kanefield

This is what he wants to do.

No matter how this trial plays out, the US will remain divided between those who choose truth, Democracy, and rule of law and the millions who reject these things.

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The question is how to move forward.

My mantra is that there are no magic bullets and these people will always be with us.

Except for state legislatures, they have less power now than they have for a while.

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The only real and lasting solutions are political ones. Get Democrats into local offices. Get people who want democracy to survive to the polls at every election, at every level.

It’s a constant battle.

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Maybe I should tell you all about Thurgood Marshall’s life to illustrate how hard the task is and how there will be backlash after each step of progress.

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Precisely. That's why Thurgood Marshall's life came to mind.

We are still riding the backlash that started after the Supreme Court decision in Brown v. Board of Education.

That's why I keep saying there are no easy
KM asks why the GOP leadership is terrified of losing.

(Both Lindsay Graham and Matt Gaetz said if the GOP loses this election, they'll never win again.)

GOP is a minority party. If they lose power, they lose the ability to manipulate systems to keep minority control.

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The fear is also explained by Richard Hofstader, who wrote the classic work⤵️

Hofstadter reviewed American politics from before the founding of the nation through McCarthyism. He noticed a pattern among an impassioned minority on the fringes of the political spectrum.

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He called their behavior the “paranoid style” in politics.

Those embracing the paranoid style of politics believe that unseen satanic forces are trying to destroy something larger in which they belong.

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According to Hofstadter, the “something larger” to which they belong is generally phrased as “the American way of life.”

They “feel dispossessed” and that “America has been largely taken away from them and their kind.”

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They therefore adopt extreme measures. They will stop at nothing to prevent what they see as an impending calamity.

Remember, Hofstadter published this in the early 1960s.

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It looks like 45 Republican Senators voted against holding an impeachment trial for Trump.

I hope nobody had high hopes that the GOP would do the right thing.

The GOP remains the Party of Trump and is hardening into an extremist anti-democratic

They are the anti-rule of law, anti truth party.
https://t.co/e6EME39xNn
Fortunately, they're outnumbered.

Not by much, but they're outnumbered.


Hi, everyone.

A lot of these doomsday comments are annoying me.

Have you all learned nothing over the past few years?

You might want to duck because, I'm about to go on a tear . . .

The same people telling me we're doomed and democracy is dead are probably the same people who told me (1) Trump would make himself dictator (2) The Supreme Court would keep him in office and (3) he would never leave the White House.

Nobody owes you a democracy . . .

My mantra the past 4 years: democracy will survive if enough people want it to, and are willing to do the work.

Did the doomsday people happen to see that the vote was 55-45 in favor of holding a trial?

I think the problem is there has been so much peddling of hope porn. . .
January 6th will be a freak show. Biden will become president because the only way to stop it would be for the House to agree, and that won't happen.

Going forward, the GOP becomes even more dangerous and radicalized.


A few hopeful points:

The GOP could very well lose control of the Senate.

Because these GOP Senators will force a vote, the GOP may fracture, with moderates forced out. While this radicalizes the party, they lose


A few reasons. As @ProfBrianKalt points out, refusing to seat them because they say the election wasn't valid gives credence to the lie that the election wasn't valid.

Moreover, there's no authority to refuse to seat an elected rep for telling lies. .


. . . which is what refusing to seat them would amount to.

The Democrats say, "You are doing really bad things so we won't seat you."

See the problem with that?

(1) It's illegal. The House doesn't get to decide who is seated. The states send their own reps.

moreover . . .

(2) If you say, "The House gets to refuse to seat a person who tells a lie about the election," where does that lead?

If things continue this direction, the political divide will not longer be liberal v. conservative.

The divide will be pro- democracy v. anti-democracy. . .

More from Politics

All the challenges to Leader Pelosi are coming from her right, in an apparent effort to make the party even more conservative and bent toward corporate interests.

Hard pass. So long as Leader Pelosi remains the most progressive candidate for Speaker, she can count on my support.


I agree that our party should, and must, evolve our leadership.

But changed leadership should reflect an actual, evolved mission; namely, an increased commitment to the middle + working class electorate that put us here.

Otherwise it’s a just new figure with the same problems.

I hope that we can move swiftly to conclude this discussion about party positions, so that we can spend more time discussing party priorities: voting rights, healthcare, wages, climate change, housing, cannabis legalization, good jobs, etc.

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