On Sunday George Washington University Law School Professor Jonathan Turley appeared on Fox News Channel’s “America’s News HQ,” where he answered questions on whether former President Donald Trump could be criminally charged for inciting the riot at the U.S. Capitol in January. The Senate voted 57-43 on Saturday to acquit Trump of inciting an insurrection.
Turley said that Trump as a former president is not immune from being charged with a crime. He argued, however, that Trump’s speech prior to the riot at the Capitol “does not meet the standard” of incitement.
“Well, he can be charged, and those statements were refuting of House managers that somehow a president can just get away with it. A president can’t get away with anything that’s a crime,” Turley said regarding legality of charging a former president with a crime.
“He can be charged, but you have to charge him. so many people say this is an open and shut case of criminal incitement — all right, charge him. I have got to tell you — I have serious doubts that is this would be sustained if not on trial than on appeal. It does not meet, what I see, is the standard under Brandenburg if you’re looking at just the speech.”
