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“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.” ” Braxton v. United States , 500 U.S. 344 (1991). Indeed, such a claim would contradict controlling Supreme Court precedent.

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A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case

JonathanTurley

That is a far cry from evidence showing mens rea — “guilty mind.” Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.” At 4:17 p.m., In Brandenburg v.