We are a nation of laws, including one prohibiting insurrection.  A citizen charged with and arrested for the crime of inciting insurrection (a felony) in Washington, D.C. would be tried under Title 18 of the U.S. code, with insurrection punishable by a fine, a maximum sentence of ten years in prison, or both.

A sitting president can't be arrested for the crime of inciting insurrection; he can't be incarcerated and tried for any crime whatsoever, under a longstanding legal precedent against indicting a sitting president.  Rather, he is charged (impeached) in the House, should our representatives want to remove him from office, and tried in the Senate, where he faces the punishment of removal from office only (no fine or jail sentence).

While some people were dying to see President Trump arrested and incarcerated, forget impeached and removed from office, that's not how things work in America.  A president is protected from arrest and incarceration: the U.S. Department of Justice has long held that arrest and incarceration "would essentially incapacitate the executive branch, undermining its ability to 'perform its constitutionally assigned functions.'"  Protecting a president makes perfect sense.

The House impeached Trump (Jan. 13) for inciting an insurrection (Jan. 6), though he left office (Jan. 20), removed by the Electoral College, following the destruction of election security measures by clever Democrat party lawyers able to bypass state legislatures in battleground states.  If the prosecution did not do a good job of proving their case yesterday (Feb. 10), if their argument, their evidence for inciting insurrection, was nonexistent, and it was, it wasn't for lack of trying.

The problem for the prosecution is that Trump has a strong argument that the words he spoke on Jan. 6 — listen to them — are protected under the First Amendment, as are the words of Maxine Waters, Chuck Schumer, AOC, etc., on other occasions, though it's not cool telling your supporters to confront Trump-supporters at the gasoline station, and saying "I will go and take Trump out tonight" is borderline criminal.

Words that incite insurrection aren't protected by the First Amendment.  Words that don't are.  Listen to Trump's words.  Saying "the election was stolen" is engaging in free speech, as is inviting people to "peacefully and patriotically protest" at the Capitol.  And even if some of the "stupidest people" in the history of American politics (Mark Levin's words) convince more than half the Senate to think that "the election was stolen" or that "peacefully and patriotically protest" is inciting insurrection — how's that for un-American? — shame on them, but it doesn't matter: it's looking as though at least 34 Republicans will do the right thing and vote for Trump's acquittal, in defense of the liberal ideals of Tolerance and Freedom.  T and F will live to fight another day, protected for the time being by those who love America.

Democrats, be nice to any Republicans you might see at the "gasoline station."  And vice versa.  Gentlemen, help the ladies at the pump.  Leftists, take a hike.

Photo credit: YouTube screen grab.