Former U.S. Attorney Barbara McQuade revealed on MSNBC a new possible criminal charge against former president Donald Trump that could be unsealed Monday as part of criminal referrals from the House Jan. 6 committee, and said the new charge is a “very big one.”
During the MSNBC segment, McQuade was asked what she expected in the way of criminal referrals related to Trump next week.
“As we heard the reporting, it sounds like some of the charges are ones we have been talking about for a long time like obstruction of official proceedings, and a conspiracy to defraud the united states,” she explained. “The new one we are hearing is a very big one. It is inciting insurrection,” McQuade told host Lindsey Reiser before touching on the latest one to be leaked.
“This is a crime that is not charged and that is because of the strong First Amendment defenses that anyone would have against it,” she continued. “And you know, there is nothing illegal about giving a fiery speech, but, if the committee is to recommend charges for inciting insurrection, it will be because they believe that Donald Trump crossed the legal line with the Supreme Court said in a case called Brandenburg vs. Ohio.”
“It says that the government cannot criminalize speech unless it qualifies under this very, very high standards,” she added. “That is, it is designed for the purpose of just inciting imminent, lawless action, and likely to have that effect. So, recommending that charge would mean that it is their finding.”
Watch the discussion below:
