Impeachment the Second Time Around
Does practice make perfect? Here is the Impeachment Resoulution now circulating in the House of Representatives.
The charge (Article I): Incitement of Insurrection. The alleged misconduct: Willfully inciting violence against the Government of the United States.
"Willfully" is the required state of mind. (Every crime except strict liability crimes like not wearing a seat belt have two components -- an Actus Reus (act) and a required Mens Rea (Mental State).
"Willfully" is a higher standard than "knowingly". It requires proof the person acted voluntarily and purposely, with the specific intent to do something the law forbids (here, to incite violence). It also includes voluntarily and intentionally assisting or advising another to do something the person knows disobeys or disregards the law.
It is not a defense to acting "willfully" that a person may have believed that his conduct was politically or morally required, or that he believed ultimate good would result from his acts.
So, did Trump intentionally violate a known legal duty? In my view: he intentionally violated dozens if not hundreds of them over the past four years. [More...]
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