“Very Different Rules”
In their
decision, the majority of judges assert that Trump “told his supporters” on January 6th that “they were ‘allowed to go by very different rules’” and that those words “were intended to produce imminent lawless action.”
The judges repeat the phrase “very different rules” four different times, but they never reveal the words that immediately follow. These prove that Trump was not talking about his “supporters,” as the judges allege, but Mike Pence. Per the
transcript of Trump’s speech:
When you catch somebody in a fraud, you’re allowed to go by very different rules. So I hope Mike has the courage to do what he has to do.
Those words refer to Trump’s call for Pence to send the electors “back to the States to recertify,” as Trump said in the
same speech.
The broader context also reveals that Trump was speaking about Congress, a point he raised
four times in his speech. That’s because Congress was
debating on that day whether the 2020 election was carried out in accord with the U.S. Constitution and whether the federal Electoral Count Act allowed Congress to object to “States that did not follow the constitutional requirement for selecting electors.”
Trump’s statement was true at the time, as shown by the text of the
Electoral Count Act, which specified very different rules for cases of potential fraud. However, Democrats, several Republicans, and President Biden
changed this law in
2022 to remove certain checks against election fraud.
“Fight Like Hell”
Echoing the
2021 impeachment resolution of Trump, the Colorado judges
claim that Trump “gave a speech in which he literally exhorted his supporters to fight at the Capitol.” Their alleged proof of this is that Trump “used the word ‘fight’ or variations of it” 20 times on January 6.
Yet, the judges only
cite the following cases of Trump using the word “fight,” none of which literally calls for violence:
- “Republicans are constantly fighting like a boxer with his hands tied behind his back. It’s like a boxer. And we want to be so nice. We want to be so respectful of everybody, including bad people. And we’re going to have to fight much harder.”
- “And we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.”
Seemingly ignorant of the fact that the words “
literal” and “
coded” have opposing meanings, the judges
claim that the statements above were “coded language” that Trump used as “literal calls to violence.”
More importantly, the full record of Trump’s remarks show that he was talking about legal and verbal fighting, not physical violence. Ten of the 20 times in which Trump used the word “fight” are found in the following statements where the context is unmistakable:
- Rudy Giuliani has “guts, he fights. He fights.”
- “Jim Jordan, and some of these guys. They’re out there fighting the House.”
- “If they don’t fight, we have to primary the hell out of the ones that don’t fight. You primary them.”
- “The American people do not believe the corrupt fake news anymore. They have ruined their reputation. But it used to be that they’d argue with me, I’d fight. So I’d fight, they’d fight. I’d fight, they’d fight. … They had their point of view, I had my point of view. But you’d have an argument. Now what they do is they go silent. It’s called suppression. And that’s what happens in a communist country.”
Exposing the double standards of those who claim that Trump’s use of the word “fight” was a call for violence,
video footage shows Congressional Democrats using the word “fight” more than 200 times, including
more than a dozen times in which they used the exact phrase for which they
impeached Trump: “fight like hell.”