On the recordFebruary 12, 2021
I send a question to the desk for the House managers. The PRESIDENT pro tempore. The Senator from Connecticut, Senator Blumenthal, has a question for the House managers. The clerk will read the question. The legislative clerk read as follows: Former President Trump and his attorneys have cited the Brandenburg v. Ohio case in support of their argument that the First Amendment protects Trump. Did the Brandenburg case prohibit holding public officials accountable, through the impeachment process, for the incitement of violence? Mr. Manager RASKIN. Thank you, Mr. President, Senators. So let's start with the letter of more than 140 constitutional law professors, which I think they described as partisan in nature. That is a slur on the law professors, and I hope that they would withdraw that. There are very conservative luminaries on that list, including the cofounder of the Federalist Society, Ronald Reagan's former Solicitor General, Charles Fried; as well as prominent law professors across the intellectual, ideological, and First Amendment spectrum. And they all called their First Amendment arguments frivolous, which they are. Now, they have retreated to the position of Brandenburg v. Ohio. They want their client to be treated like a guy at the mob, I think they said, a guy in the crowd who yells something out. Even on that standard, this group of law professors said there is a very strong argument that he is guilty even under the strict Brandenburg standard.…





