Democracy Has Prevailed.

May 26, 2022

Threatening The Life Of A President (Or Vice-President) Is A Felony Offense

The reporting started here at the NYTimes:

Shortly after hundreds of rioters at the Capitol started chanting “Hang Mike Pence!” on Jan. 6, 2021, the White House chief of staff, Mark Meadows, left the dining room off the Oval Office, walked into his own office and told colleagues that President Donald J. Trump was complaining that the vice president was being whisked to safety.

Mr. Meadows, according to an account provided to the House committee investigating Jan. 6, then told the colleagues that Mr. Trump had said something to the effect of, maybe Mr. Pence should be hanged.

It is not clear what tone Mr. Trump was said to have used. But the reported remark was further evidence of how extreme the rupture between the president and his vice president had become, and of how Mr. Trump not only failed to take action to call off the rioters but appeared to identify with their sentiments about Mr. Pence — whom he had unsuccessfully pressured to block certification of the Electoral College results that day — as a reflection of his own frustration at being unable to reverse his loss.

The account of Mr. Trump’s comment was initially provided to the House committee by at least one witness, according to two people briefed on their work, as the panel develops a timeline of what the president was doing during the riot.

Another witness, Cassidy Hutchinson, a former aide to Mr. Meadows who was present in his office when he recounted Mr. Trump’s remarks, was asked by the committee about the account and confirmed it, according to the people familiar with the panel’s work. It was not immediately clear how much detailed information Ms. Hutchinson provided. She has cooperated with the committee in three separate interviews after receiving a subpoena.

Here's the thing: Threatening the life of the president (or vice president or anyone in the line of succession) is against the law.

18 U.S. Code § 871 - Threats against President and successors to the Presidency 

Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both.

 And it's not as if this is an anomaly for that great orange vulgarity.

Last November, Slate reported this conversation between Trump and Jonathan Karl (of ABC News, though this is from Karl's book):

Trump: No, I thought he was well protected, and I had heard that he was in good shape. No. Because I had heard he was in very good shape. But, but, no, I think—  

Karl: Because you heard those chants—that was terrible. I mean— 

Trump: He could have—well, the people were very angry.  

Karl: They were saying “hang Mike Pence.”  

Trump: Because it’s common sense, Jon. It’s common sense that you’re supposed to protect. How can you—if you know a vote is fraudulent, right?—how can you pass on a fraudulent vote to Congress? How can you do that?

Except there was no fraudulent vote. And that part doesn't matter, anyway. Doesn't matter the reason to threaten the life of the vice president, the threat itself is against the law.