An MSNBC legal analyst and former prosecutor, Glenn Kirschner claimed Saturday that former President Donald J. Trump's Truth Social post calling for Americans to protest in the event of his allegedly planned arrest Tuesday could be grounds to deny him bail and hold him in state custody.
According to The Daily Mail, during the Saturday broadcast, Kirschner compared Trump's post to his comments leading up to the January 6th Save America Rally. Many Democrats and leftist media outlets groundlessly claim that Trump's social media posts and speeches ‘incited' the January 6th Capitol Riot.
Trump says he'll be ARRESTED on Tuesday; tells his supporters to come to Manhattan for his arrest to “TAKE OUR NATION BACK!” When it comes to inciting imminent lawless conduct, Donald Trump has priors. #JusticeMatters https://t.co/18wNkDhvVK
— Glenn Kirschner (@glennkirschner2) March 18, 2023
The former subordinate of Robert Mueller, known for his astonishingly anti-Trump rhetoric (such as suggesting Trump be charged with murder and manslaughter for deaths related to COVID), again indulged his bias against the 45th President saying,
“I would slap a government exhibits sticker on this post and I would introduce it as his criminal trial,” Kirschner boasted.
“He has now just given the judge that will preside over his arraignment hearing food for thought about what kind of conditions should be set for the release of this dangerous man pending trial,” he added.
HOUSE JUDICIARY COMMITTEE DEMANDING ‘CORRUPT’ MANHATTAN D.A. ALVIN BRAGG TESTIFY OVER TRUMP PROSECUTION
In full context, Trump posted to Truth Social,
“OUR NATION IS NOW THIRD WORLD & DYING. THE AMERICAN DREAM IS DEAD! THE RADICAL LEFT ANARCHISTS HAVE STOLLEN OUR PRESIDENTIAL ELECTION, AND WITH IT, THE HEART OF OUR OUR COUNTRY. AMERICAN PATRIOTS ARE BEING ARRESTED & HELD IN CAPTIVITY LIKE ANIMALS, WHILE CRIMINALS & LEFTIST THUGS ARE ALLOWED TO ROAM THE STREETS, KILLING & BURNING WITH NO RETRIBUTION. MILLIONS ARE FLOODING THROUGH OUR OPEN BOARDERS, MANY FROM PRISONS & MENTAL INSTITUTIONS. CRIME & INFLATION ARE DESTROYING OUR VERY WAY OF LIFE…”
He added, “NOW ILLEGAL LEAKS FROM A CORRUPT & HIGHLY POLITICAL MANHATTAN DISTRICT ATTORNEYS OFFICE, WHICH HAS ALLOWED NEW RECORDS TO BE SET IN VIOLENT CRIME & WHOSE LEADER IS FUNDED BY GEORGE SOROS, INDICATE THAT, WITH NO CRIME BEING ABLE TO BE PROVEN, & BASED ON AN OLD & FULLY DEBUNKED (BY NUMEROUS OTHER PROSECUTORS!) FAIRYTALE, THE FAR & AWAY LEADING REPUBLICAN CANDIDATE & FORMER PRESIDENT OF THE UNITED STATES OF AMERICA, WILL BE ARRESTED ON TUESDAY OF NEXT WEEK. PROTEST, TAKE OUR NATION BACK!”
In a subsequent post he added, “IT’S TIME!!! WE ARE A NATION IN STEEP DECLINE, BEING LED INTO WORLD WAR III BY A CROOKED POLITICIAN WHO DOESN’T EVEN KNOW HE’S ALIVE, BUT WHO IS SURROUNDED BY EVIL & SINISTER PEOPLE WHO, BASED ON THEIR ACTIONS ON DEFUNDING THE POLICE, DESTROYING OUR MILITARY, OPEN BORDERS, NO VOTER I.D., INFLATION, RAISING TAXES, & MUCH MORE, CAN ONLY HATE OUR NOW FAILING USA. WE JUST CAN’T ALLOW THIS ANYMORE. THEY’RE KILLING OUR NATION AS WE SIT BACK & WATCH. WE MUST SAVE AMERICA!PROTEST, PROTEST, PROTEST!!!”
At absolutely no point in any of his posts related to the possibility of his arrest for charges arising from Stormy Daniels‘ claim does Trump call for violence in any form. He directly, and repeatedly calls for his supporters to:
1.) “PROTEST, TAKE OUR NATION BACK!”
2.)”PROTEST, PROTEST, PROTEST!!!”
The Daily Mail reported that “Legal experts have said Trump could face one of two charges over the payments – but also concede that both would be difficult to prove.
He could be charged with falsifying business records if it's alleged Trump knew his retainer agreement with Cohen was a sham to facilitate the payments. That would be a misdemeanor under New York law unless prosecutors prove records were falsified to conceal another crime, which would make it a felony.”
Allegedly, Trump could face up to four years in prison under these charges if convicted. The potential of a Presidential candidate being tried, convicted, and imprisoned has never been addressed in the United States Constitution or in case law, and would present a constitutional crisis that has the potential to unravel our system of government.
Kate Shaw, a professor of law at Cardozo Law told Slate last year, “When we’re talking about federal office, the limitations would really be political, not legal. The Constitution actually is really clear about what the qualifications to run for president, or a member of Congress or Senate are.”
She outlined three options if Trump were to be tried, convicted, and imprisoned. She posited that Trump could be either be impeached again, his Cabinet could attempt to remove him from office under 25th Amendment proceedings arguing his imprisonment meets the ‘incapacity' standard, or the President could present the case to the courts that his sentence must be suspended until after his term in office.
Shaw added, “The powers of the presidency would have to give, or the state’s criminal authority would have to give.”
Following the trajectory of Shaw's analysis, a further fourth option would be the cabinet declaring a temporary incapacity under the 25th Amendment while Trump files for appeal.
This is all, however, theoretical at best, and speculation at worst, and ignores the political upheaval that would cloud the matter considerably. The concept of a prisoner being elected president hasn't been seriously considered since Socialist Eugene V. Debbs ran for President in 1920 while incarcerated.
You can follow Matt Holloway on Facebook, Twitter, TruthSocial, Gettr, Gab & Parler.