You should read it all, but I will post a bit, below to let the facts speak for themselves -- and refrain (for the moment) from editorializing on the broader narrative here unfolding. Other than to say, it -- along with the National Archives' DoJ referral. . . will not likely end well, for Tangerine.
. . .Five people would die, dozens of police officers suffered physical and emotional injuries and abuse, and considerable damage was done to the Capitol building. But, in the end, after law enforcement succeeded in clearing rioters from the building, Congress convened again that evening and certified the next President and Vice President of the United States. The first ever presidential transfer of power marred by violence was over. . . .
On election night, the President claimed victory before all the votes were counted. He tweeted that “they are trying to STEAL the Election. We will never let them do it.” Blassingame Compl. ¶ 17. He also would say in a primetime television address the next day, “If you count the legal votes, I easily win. If you count the illegal votes, they can try to steal the election from us.” Swalwell Compl. ¶ 33. . . .
[Tangerine cannot] identify any authority that would support his assertion that merely exhorting non–Executive Branch officials to act in a certain way is a responsibility within the scope of the Take Care Clause. Scholars have emphasized that the Take Care Clause is written in the passive voice (“take Care that the Laws be faithfully executed”). They have interpreted that construction to mean that the Framers envisioned not that the President personally would implement the laws but that their actual execution would be carried out by others subject to the President’s direction and supervision. . . .
[. . .T]he President’s January 6 Rally Speech can reasonably be viewed as a call for collective action. The President’s regular use of the word “we” is notable. To name just a few examples: “We will not take it anymore”; “We will ‘stop the steal’”; “We will never give up”; “We will never concede”; “We will not take it anymore”; “All Mike Pence has to do is send it back to the states to recertify, and we become president”; “[W]e’re going to have to fight much harder”; “We can’t let that happen”; “We’re going to walk down . . .”; “We fight like hell”; “We’re going to walk down Pennsylvania Avenue.” “We” used repeatedly is this context implies that the President and rally-goers would be acting together towards a common goal. That is the essence of a civil conspiracy. . . .
Indeed. And Tangerine is one who has NOT been ruled out, as responsible. Far from over -- but. . . a very good start. Onward, grinning into the night. . . .
Justice will come. It. . . will.
नमस्ते
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