Rep. Jamie Raskin made strong arguments on Wednesday during the Senate hearing on former President Donald Trump.
Video transcription
REP JAMIE RASKIN: Incitement to violence is, of course, not protected by the First Amendment. That’s why most Americans rejected Donald Trump’s rhetoric with the first amendment by simply referring to Judge Oliver Wendell Holmes’ handy phrase – ‘you can’t shout’ fire ‘in a busy theater.’ But even that former principle does not begin to establish how unfounded the argument is. This case is much worse than someone falsely shouting ‘fire’ in a crowded theater.
It’s more like a case where the city’s fire chief who is paid to put out fires sends a crowd not to shout ‘fire’ in a busy theater, but to set the theater on fire. And who then, when the fire alarms go off and the calls start pouring into the fire department, ask for help, do nothing but sit back, encourage the mob to keep going and watch the joy spread on TV?
So then we say: this fire chief should never again be allowed to hold this public job. And you are fired and you are permanently disqualified. And he objects, and he says: we violate his right to freedom of speech just because he is pro-mob or pro-fire or whatever it may be. Come. I mean, you really do not have to go to the right school to find out what’s wrong with the argument. Here’s the key.
Undoubtedly, a private person can run around on the street and express his or her support to the enemies of the United States and advocate the overthrow of the US government. You have the right to do so under the first amendment. But if the president spends all his days on it, utters exactly the same words, utters support for the enemies of the United States and overthrows the government, there is someone here who doubts that it would be a violation of his oath of office. to preserve, protect and defend the Constitution of the United States?
And that he or she can be charged for doing so. Behold, if you are President of the United States, you have chosen to take your oath of office. And if you violate it, we may permanently accuse, convict, remove and disqualify you from holding any office of honor, trust or profit among the United States. As Judge Scalia once unforgettably said, “you can not ride with the police and root out the robbers.”
And if you become informative for the uprising, you can not expect to be on the payroll as commander-in-chief for the union. Trump was the president of the United States and he swore to preserve, protect and defend the Constitution. He had an affirmative binding duty, distinguishing him from all in the country, to ensure that the laws were enforced faithfully, including all the laws against the assault of federal officers, the destruction of federal property, which the members of the Congress and the vice-agent violently threatened. President, get involved in federal elections and dozens of other federal laws that you all know well.
When he incited revolt on January 6, he broke that oath. He violated that duty. And that’s why we’re here today. And therefore he has no credible constitutional defense.