Norm Eisen says Trump's violence-inciting tweet this morning is a crime under 18 USC 875(c)

[highplainsdem]

Link to tweet

Under 18 USC 875(c) it is a crime to "transmit any communication containing any threat to injure the person of another."


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Editing to add Eisen's earlier responses to Trump's tweet:

Link to tweet

Let's admit it: this bizarre, ominous threat of violence vs a media outlet from the most powerful man in the world is Hitlerian.

Link to tweet

Threatening a beating = crime (assault). If I affixed trump's face to a man being beaten and posted it, Secret Service would pay me a visit

Link to tweet

This tweet is evidence of mental deterioration. The President needs a psych evaluation. I mean that seriously and literally. #25thAmendment

[onenote]

1. Unfortunately it appears Eisen hasn't kept up with the law

In June 2015, the Supreme Court decided Elonis v. United States, holding that 18 U.S.C. § 875(c) requires that the communication at issue be transmitted for the purpose of issuing a threat, or with the knowledge that the communication will be viewed as a threat and not when the statement may objectively be a threat but not subjectively intended as such.

No chance of meeting that burden of proof in this case.

[FreepFryer]

2. The SC didn't define sufficient knowledge or intent, so I wouldn't be so hasty to nullify Eisen.

https://www.nytimes.com/2015/06/02/us/supreme-court-rules-in-anthony-elonis-online-threats-case.html

[onenote]

3. A prosecution on these facts would never be brought

For one thing beating up an entity is not a particularized threat against the person of another.

[FreepFryer]

4. That's another interesting argument, to be sure. Let's see what happens. (n/t)

[NobodyHere]

5. Who's Norm Eisen?