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What would have to be in a Presidential candidate's concession speech for them to be in danger of getting arrested for inciting violence?

A2AAs Cliff Gilley has pointed out, the U.S. Supreme Court has set a high bar for anyone to be criminally convicted for inciting violence. Quoting the relevant sentence from Brandenburg v. Ohio (emphasis added):[C]onstitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed [intended] to inciting or producing imminent lawless action and is likely to incite or produce such action.Furthermore, moving from case law to the real world, we need to remember that criminal conviction requires that each of the three elements (intention, imminence and likelihood) be proven beyond a reasonable doubt (BRD). While BRD is not certainty, is is close to certainty. (Please see Dana H. Shultz's answer to What constitutes a reasonable doubt? Expressed as a probability?)So for a Presidential candidate’s concession speech to result in an arrest for violence, more than the content of that speech would be relevant.The content would have to satisfy the intention, imminence and likelihood tests.Furthermore, the relevant law enforcement agency and prosecuting attorney - not to mention associated political leaders - would have to conclude that those tests likely could be proven beyond a reasonable doubt.So, as an example, consider Donald Trump’s assertion on March 16, 2016 that if the Republican party were to have a brokered convention this past summer, “I think you'd have riots.” (Donald Trump on brokered convention: 'I think you'd have riots' ) While that comment may have been a call to Trump’s supporters to consider physical violence, and almost certainly was a statement designed to scare Republican leaders, it does not satisfy Brandenburg’s intention test (being stated as a prediction rather than a desire) or the imminence test (referring to an event months later), and the likelihood test (i.e., whether that statement would result in a riot) probably could not be proven BRD.Moving to the present, although Trump - apparently foreseeing himself as the Presidential loser - is making endless statements about the general election being “rigged,” those statements aren’t nearly enough to result in arrest. However, with comments by some whipped-up Trump supporters such as it being “[p]itchforks and torches time” (from the Sheriff of Milwaukee County, no lesss -Sheriff Clarke: 'Pitchforks and torches time), it appears that some of those supporters, more than Trump, may be moving toward criminal speech.

If Wisconsin’s voting process was so bad, why did Trump only challenge the areas he lost?

Trump allies in Wisconsin legislature are stiffing Dane, Milwaukee Co's $3 million recount costsTrump allies in Wisconsin legislature are stiffing Dane, Milwaukee Co's $3 million recount costsPhoto via the White House.Daily KosDecember 13, 2020It appears that the Trump campaign's promise to pay for the work of Wisconsin ballot workers for the added costs incurred in unnecessary and pointless vote recounts Trump demanded as part of his futile effort to overturn the 2020 election has gone the way of that equally imaginary $200 "Medicare Card" promised to seniors, just before they went to the polls in November.As reported in the Milwaukee Journal-Sentinel:ADVERTISINGMADISON - The Republican-led Legislature's budget committee is holding up reimbursements to two counties for their recount costs.President Donald Trump's campaign paid $3 million for recounts in Dane and Milwaukee counties, Wisconsin's two most Democratic areas.But two top Republicans said Friday they were withholding the money from the counties for now. They did not explain why.The money owed to reimburse the time spent by Dane and Milwaukee counties in complying with Trump's fantasy-based demands is apparently being held up for unspecified reasons by a single, unidentified Republican member of the state's finance committee who has "objected" to paying the counties the money they are owed.Analiese Eicher, Board Chairwoman for Dane county, provided a copy of the letter the County has received from the state's Republican-led Joint Committee on Finance:00:0001:34A number of facts need to be clarified. First, it is apparent that the money was in fact "put up" for the recount by the Trump campaign, in some format, or the recounts would not have proceeded. It's unclear who from the GOP-led Wisconsin legislature is causing the funds to be held back, or whether it is a collaborative effort on the part of the state's Republican caucus. It's also unclear what, if any influence the Trump campaign has had in this matter, for example, whether the objections to disbursing the money are being urged by Donald Trump or a member of his campaign apparatus, or whether this is simply a rogue action by one deadbeat Wisconsin Republican legislator to express his or her dissatisfaction with the election results.As reported by USA Today, by law any portion of the $3 million designated as prepayment but not needed for the recount would be returnable to the Trump campaign.Donald Trump is certainly no stranger to stiffing his contractors, both before and during his tenure in the Oval Office. The Center for Public Integrity reported that as of June, 2019, the Trump campaign had stiffed at least ten cities for the costs incurred in covering his rallies. So this behavior, whether he or his campaign are responsible for it or not, is perfectly in character with what Americans have come to expect from any venture or business with which Trump associates himself.FROM YOUR SITE ARTICLESPro-Trump group asks Wisconsin Supreme Court to void Biden's ... ›Wisconsin attorney general slams GOP lawsuit to overturn election ... ›Why the Supreme Court's contentious Wisconsin election ruling ... ›RELATED ARTICLES AROUND THE WEBWisconsin Supreme Court shows divisions as it hears Trump lawsuit ›Wisconsin Supreme Court hearing on Donald Trump's election ... ›Trump election lawsuits blocked at Supreme Court and in Wisconsin ›

Do you think Biden needs to "prove" that his 80 million votes are legal as Trump has demanded?

Question:Do you think Biden needs to "prove" that his 80 million votes are legal as Trump has demanded?Response:No, and if you go and read every States recount procedure, it is the person who demanded the recount to both pay and prove their assumption of voter fraud.Trump’s own voter fraud commission, The Presidential Advisory Commission on Election Integrity (PACEI) after being disbanded by Trump found NO evidence of Voter Fraud. https://www.usnews.com/news/national-news/articles/2018-01-10/trump-commision-on-election-integrity-found-no-evidence-of-voter-fraudJoint Statement from Elections Infrastructure Government Coordinating Council & the Election Infrastructure Sector Coordinating Executive Committees“The November 3rd election was the most secure in American history. Right now, across the country, election officials are reviewing and double-checking the entire election process prior to finalizing the result.“When states have close elections, many will recount ballots.All of the states with close results in the 2020 presidential race have paper records of each vote, allowing the ability to go back and count each ballot if necessary. This is an added benefit for security and resilience. This process allows for the identification and correction of any mistakes or errors. There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.“Other security measures like pre-election testing, state certification of voting equipment, and the U.S. Election Assistance Commission’s (EAC) certification of voting equipment help to build additional confidence in the voting systems used in 2020.“While we know there are many unfounded claims and opportunities for misinformation about the process of our elections, we can assure you we have the utmost confidence in the security and integrity of our elections, and you should too. When you have questions, turn to elections officials as trusted voices as they administer elections.”DHS panel says 2020 vote was 'most secure in American history' -- FCWAn election security team led by a senior Department of Homeland Security official stressed in a Nov. 12 press release that the 2020 general election "was the most secure in American history."In bold type, the Election Infrastructure Government Coordinating Council, a team working under the aegis of the Cybersecurity and Infrastructure Security Agency at DHS, stated that, "[t]here is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised."The statement directly contradicts the most recent in a raft of conspiracy theories put forth by President Donald Trump stating that a voting machine vendor secretly changed votes. This and other claims by Trump have been tagged as "disputed" under a new policy by Twitter to point to potential election misinformation.***Donald J. Trump @realDonaldTrump Nov 12“REPORT: DOMINION DELETED 2.7 MILLION TRUMP VOTES NATIONWIDE. DATA ANALYSIS FINDS 221,000 PENNSYLVANIA VOTES SWITCHED FROM PRESIDENT TRUMP TO BIDEN. 941,000 TRUMP VOTES DELETED. STATES USING DOMINION VOTING SYSTEMS SWITCHED 435,000 VOTES FROM TRUMP TO BIDEN.”@ChanelRion @OANNThis claim about election fraud is disputedThe statement is attributed to CISA assistant director Bob Kolasky and other members of the executive committee, which includes Benjamin Hovland, the chair of the Election Assistance Commission, and Maggie Toulouse Oliver, New Mexico's secretary of state and president of the National Association of Secretaries of State."When states have close elections, many will recount ballots. All of the states with close results in the 2020 presidential race have paper records of each vote, allowing the ability to go back and count each ballot if necessary. This is an added benefit for security and resilience," the statement reads. "This process allows for the identification and correction of any mistakes or errors."The news comes amid reports in Reuters and elsewhere that CISA Director Chris Krebs expects to be asked to resign or to be fired by the Trump administration. Bryan Ware, CISA's assistant director for Cybersecurity is leaving the agency on Friday -- a move first reported [b] by Cyberscoop. According to a Reuters report, Ware was asked to resign.CISA has been aggressive in combatting misinformation about voting fraud in the wake of the Nov. 3 elections, and Krebs has been out in front on social media to call attention to specific conspiracy theories being peddled on social media – including some promulgated by Trump himself.Election 2020: Setting the Record Straight - Dominion Voting Systems Updated: November 21, 2020SETTING THE RECORD STRAIGHT: FACTS & RUMORSDOMINION VOTING SYSTEMS CATEGORICALLY DENIES FALSE ASSERTIONS ABOUT VOTE SWITCHING AND SOFTWARE ISSUES WITH OUR VOTING SYSTEMS.According to a Joint Statement by the federal government agency that oversees U.S. election security, the Department of Homeland Security's Cybersecurity & Infrastructure Security Agency (CISA): "There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised." The government & private sector councils that support this mission called the 2020 election "the most secure in American history."1) DOMINION IS NOT SHUTTERING ITS OFFICES. EMPLOYEES HAVE BEEN ENCOURAGED TO WORK REMOTELY AND PROTECT THEIR SOCIAL MEDIA PROFILES DUE TO PERSISTENT HARASSMENT AND THREATS AGAINST PERSONAL SAFETY.Dominion employees are being forced to retreat from their lives due to personal safety concerns, not only for our employees themselves, but also for their extended families.ABC News has reported on these security concerns, saying that after "two weeks of false fraud claims," this is the latest sign that "freewheeling online rhetoric has real-world consequences."Dominion team members are working around the clock to address issues with law enforcement and take every measure we can to ensure the safety of our employees.2) VOTE DELETION/SWITCHING ASSERTIONS ARE COMPLETELY FALSE.An unsubstantiated claim about the deletion of 2.7 million pro-Trump votes that was posted on the Internet and spread on social media has been taken down and debunked by independent fact-checkers.Edison Research (ER) has refuted any claims that company data suggests any voting irregularities, including vote switching. Edison Research President Larry Rosin told The Dispatch Fact Check, "Edison Research created no such report and we are not aware of any voter fraud."Claims that 941,000 votes for President Trump in Pennsylvania were deleted are impossible. The fourteen counties using Dominion systems collectively produced 1.3 million votes, representing a voter turnout of 76%. Fifty-two percent of those votes went to President Trump, amounting to 676,000 votes processed for the President in Pennsylvania using company systems.Dominion does not have the ability review votes in real time as they are submitted.The U.S. Department of Homeland Security's cybersecurity division has confirmed that it is not possible for a bad actor to change election results without detection.Dominion doesn't even operate in some of the contested districts, including Philadelphia, Milwaukee, and Dane County, WI.3) ASSERTIONS OF "SUPERCOMPUTER" ELECTION FRAUD CONSPIRACIES ARE 100% FALSE.The Cybersecurity and Infrastructure Security Agency (CISA) has debunked claims about the existence of a secret CIA program for vote fraud called Hammer and Scorecard.All U.S. voting systems must provide assurance that they work accurately and reliably as intended under federal U.S. EAC and state certifications and testing requirements. Election safeguards - from testing and certification of voting systems, to canvassing and auditing - prevent malicious actors from tampering with vote counts and ensure final vote tallies are accurate. Read more from CISA.There have been no "raids" of Dominion servers by the U.S. military or otherwise, and Dominion does not have servers in Germany. CISA has refuted this claim on Twitter, and the U.S. Army has also confirmed to the Associated Press that it's false.4) THERE WERE NO DOMINION SOFTWARE GLITCHES AND BALLOTS WERE ACCURATELY TABULATED. THE RESULTS ARE 100% AUDITABLE.No credible reports or evidence of any software issues exist. Vote counts are conducted by county and state election officials, not by Dominion. Our systems support tabulation by those officials alone. Human errors related to reporting tabulated results have arisen in a few counties, including some using Dominion equipment, but appropriate procedural actions have been taken by the county to address these errors were made prior to the canvass process.The Michigan Secretary of State's office offers a Fact Check Page which debunks false or erroneous claims about voting in Detroit, as well as a user-error incident in Antrim County.The Georgia Secretary of State has also repeatedly stated throughout the count that "[a]s the work goes on, I want to assure Georgia voters that every legal vote was cast and accurately counted."Dominion's systems are not responsible for 2,631 uncounted ballots discovered in Floyd County, Georgia during the statewide recount. The Secretary of State's office has cited clerical error and lack of following proper procedures as the cause.Votes are not processed outside the United States. Votes are counted and reported by county and state election officials - not by Dominion, or any other election technology company. Assertions that votes are counted in Germany are completely false, as has been fact-checked by the Associated Press5) DOMINION EMPLOYEES DO NOT HAVE ACCESS TO THE BALLOT ADJUDICATION SYSTEM, NOR DO THEY OPERATE IT.The canvass process exists to allow election officials to validate and count ballots that were unable to be counted on Election Day because they needed additional adjudication. Dominion employees do not have access to this adjudication system, nor do they operate it.Access to any adjudication system resides with the election authority using it. The system is controlled through secure and verifiable user accounts, and all the voter intent adjustments are securely logged in the system and then recorded in the digital image of the ballot.All states require bipartisan/multi-person teams in order to adjudicate ballots in accordance with the law.6) DOMINION IS A NONPARTISAN U.S. COMPANY BASED IN DENVER, CO.Dominion has no company ownership relationships with the Pelosi family, Feinstein family, Clinton Global Initiative, Smartmatic, Scytl, or any ties to Venezuela or Cuba. Dominion works with all U.S. political parties; our customer base and our government outreach practices reflect this nonpartisan approach.The Associated Press has verified that Dominion has no ties to http://Venezuela.As reported by the Associated Press, "Dominion made a one-time philanthropic commitment at a Clinton Global Initiative meeting in 2014, but the Clinton Foundation has no stake or involvement in Dominion's operations, the nonprofit confirmed." The meeting included bipartisan attendees focused on international democracy-building.7) DOMINION IS NOT, AND HAS NEVER BEEN, OWNED BY SMARTMATIC.Dominion is an entirely separate company and a fierce competitor to Smartmatic.Dominion and Smartmatic do not collaborate in any way and have no affiliate relationships or financial ties.Dominion does not use Smartmatic software.The only associations the companies have ever had were:- In 2009, Smartmatic licensed Dominion machines for use in the Philippines. The contract ended in a lawsuit.- In 2010, Dominion purchased certain assets from Sequoia, a private U.S. Company. Smartmatic, a previous owner of Sequoia, pursued legal actions against Dominion.8) NO UNAUTHORIZED OR LAST-MINUTE SOFTWARE UPDATES OCCURRED.Claims about software updates being done the night before Election Day are 100% false. Our voting systems are designed and certified by the U.S. government to be closed and do not rely on network connectivity.Both Spalding County and the Georgia Secretary of State have verified that a) this type of unauthorized update is impossible, and b) the actual logs from equipment under the custody of the County determined an update did NOT happen the night before the election.Georgia Voting System Implementation Manager Gabe Sterling has affirmed in his daily press briefing on November 9 that "nothing was done to the [PollPad] system after [October 31]," when voter files were updated as part of normal procedure.9) MISINFORMATION IS AN ATTACK ON OUR DOMINION CUSTOMERS: LOCAL ELECTION OFFICIALS AND SECRETARIES OF STATE.Erroneous claims that precincts in Michigan had more votes recorded than actual voters point to an affidavit that has several glaring errors. The counties cited are in Minnesota, not Michigan, and the affidavit's claims regarding over-votes are not verified with any data from previous Minnesota elections or the Secretary of State. This claim has no basis in truth.These dedicated public servants - not Dominion - run our elections and many have reaffirmed the integrity of the elections. Recent statements from election officials include:MICHIGANThe Michigan Secretary of State's office debunked false claims about the election in the state, stating absentee ballot counting was transparent and accurate and that an isolated user error in Antrim County did not affect election results.A spokesperson for the Michigan Secretary of State stated, "We have not seen any evidence of fraud or foul play in the actual administration of the election. What we have seen is that it was smooth, transparent, secure and accurate."GEORGIAThe Georgia Secretary of State stated upon completion of a statewide review of ballots on November 19, "Georgia's historic first statewide audit reaffirmed that the state's new secure paper ballot voting system accurately counted and reported results."ARIZONAThe Chairman of the Maricopa County Board of Supervisors released a letter on November 17 noting, "The evidence overwhelmingly shows the system used in Maricopa County is accurate and provided voters with a reliable election... The Dominion tabulation equipment met mandatory requirements during logic and accuracy testing before the Presidential Preference Election, the Primary Election and the General Election. And after each of these 2020 elections, the hand count audit showed the machines generated an accurate count."10) THERE ARE NO ISSUES WITH THE USE OF SHARPIE PENS.Election officials provide writing instruments that are approved for marking ballots to all in-person voters using hand-marked paper ballots. Dominion Voting Systems machines can read all of these instruments, including Sharpies.The DHS Cybersecurity and Infrastructure Security Agency, "if a ballot has issues that impacts its ability to be scanned, it can be hand counted." The Maricopa County Board of Supervisors assured voters that "sharpies do not invalidate ballots." Dominion has stated that "Sharpie pens are safe and reliable to use on ballots, and recommended due to their quick-drying ink."Lastly,Trump lost and no matter how many “without merit” lawsuits Trump’s “cracked” team of lawyers believe Trump was cheated by voter fraud, they will not stand up in court and claim what has no proof because that would be PERJURY.Perjury.…Subornation of PerjuryA related offense is the crime of subornation of perjury, which typically involves coaching or persuading a person to commit perjury. Attorneys and other people who might advise a witness may be targets of subornation of perjury accusations.

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