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A Jan. 6 Hearing Debrief

The Lawfare Podcast

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What Do You Think We Learned From the Subpoena?

The committee really wants to and is potentially planning on setting a criminal referral to the Justice Department suggesting that Donald Trump incited an insurrection against the Capitol. These are things that actually go beyond just speech. Just get into what might call overt acts in a way that even under the First Amendment's really stringent protections for political speech might actually create space for a prosecution of Donald Trump. The subpoena, I think, raises some issues of its own mostly political.

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