Extremism Missed

For John, BLUF:  Former FBI Director James Comey, who disgraced his office and his agency, wants to see his enemies "burned down," which is an unfortunate turn of phrase.  Nothing to see here; just move along.

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Incitement Or Free Speech?  Comey Calls For the Republican Party To Be “Burned Down”

From JONATHAN TURLEY, by Law Professor Jonathan Turley, 19 January 2021.

Here is the lede plus one:

There is an interesting interview this week with former FBI Director James Comey.  He states that he now believes that the infamous alleged “pee tape” may be real and makes other surprising statements while pitching his new book.  One statement, however, stood out:  “The Republican party needs to be burned down … It’s just not a healthy political organization.”  Since the Republican National Committee was targeted with a pipe bomb in the recent riots, some could argue that this is incitement to arson or violence.  I would not.  I would call it free speech and hyperbole.  The question is where the line is drawn given the impeachment of Donald Trump based on his speech and the allegations that others who used such hyperbolic language are actually guilty of incitement.

As I have previously stated, I condemned Trump’s speech in a series of tweets while it was being given and I called for a bipartisan vote of censure over his responsibility in the riots.  However, I opposed the use of a snap impeachment by the House and raised concerns over the framing of the article of impeachment as an “incitement to insurrection.”  Despite the chorus of legal experts insisting that the speech would constitute a strong case for criminal incitement (and the DC Attorney General said he may charge Trump), I believe such a prosecution would eventually collapse on free speech grounds if based solely on this speech and Trump’s other public statements.

Comey is not alone in the use of such rhetoric in today’s super-heated political environment.  We previously discussed how conservatives have pointed to Rep. Maxine Waters (D-Calif.) calling for people to confront Republican leaders in restaurants; Rep. Ayanna Pressley (D-Mass.) insisted during 2020’s violent protests that “there needs to be unrest in the streets,” while then-Sen. Kamala Harris (D-Calif.) said “protesters should not let up” even as many protests were turning violent.  They can all legitimately argue that their rhetoric was not meant to be a call for violence, but this is a standard fraught with subjectivity.

The question is whether Comey would be charged under this same logic if the RNC building was attacked again and actually burned down.  That would be obviously ridiculous.  However, where is the line drawn?  Free speech demands bright lines and those are being erased in our cancel culture from universities to the media to Congress.

And, remember, Professor Turley is not a Trump voter.

Amongst those mentioned above, I have particular scorn for former FBI Director James Comey, who wraps himself in self-righteousness while breaking the public trust under the guise of protecting the Republic.  He sanctions the violation of our Civil Rights and cuts political deals, while claiming to be a virtious Civil Servant.  He is a fraud and he bismirches the reputation of the organization he led.

Hat tip to the InstaPundit.

Regards  —  Cliff