# 7 Jan 2021 and beyond - the aftermath of the storming of the Capitol

**URL:** <https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020>\
**Category:** Politics & Elections\
**Created:** [January 8, 2021, 10:28am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020 "2021-01-08T10:28:28Z")\
**Posts on this page:** 20\
**Page:** 250

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**Author:** ![Hypno-Toad](https://avatars.discourse-cdn.com/v4/letter/h/b2d939/32.png) [@Hypno-Toad](https://boards.straightdope.com/u/Hypno-Toad)\
**Post date:** [February 7, 2024, 2:57am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4991 "2024-02-07T02:57:22Z")

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I’m confused about the so-called “chilling effect” that Trump is worried about in regards to presidential immunity. Is he saying that prosecuting him might unfairly influence future presidents to not break the law? That they might be influenced to not perform actions for which they could be prosecuted?

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**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\
**Post date:** [February 7, 2024, 3:13am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4992 "2024-02-07T03:13:48Z")

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His argument is that future presidents will not be able to do their jobs for fear of the opposing party prosecuting him or her once their term is up and they’re out of office.

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**Author:** ![Hypno-Toad](https://avatars.discourse-cdn.com/v4/letter/h/b2d939/32.png) [@Hypno-Toad](https://boards.straightdope.com/u/Hypno-Toad)\
**Post date:** [February 7, 2024, 3:16am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4993 "2024-02-07T03:16:58Z")

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How typical that he has introduced this idea into our political system. If he hadn’t been a bald-faced criminal during his administration, we would have to worry about what to do with a criminal in the White House.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [February 7, 2024, 6:54am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4994 "2024-02-07T06:54:35Z")

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> [@Odesio](#):
>
> His argument is that future presidents will not be able to do their jobs for fear of the opposing party prosecuting him or her once their term is up and they’re out of office.

Has it ever occured?

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**Author:** ![Slight\_Off\_Hand](https://avatars.discourse-cdn.com/v4/letter/s/f08c70/32.png) [@Slight\_Off\_Hand](https://boards.straightdope.com/u/Slight_Off_Hand)\
**Post date:** [February 7, 2024, 11:52am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4995 "2024-02-07T11:52:20Z")

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Well, obviously it’s occuring now and the Republicans will have no choice but to do so in the future in order to level the playing field. It’s only fair.

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**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\
**Post date:** [February 7, 2024, 2:19pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4996 "2024-02-07T14:19:57Z")

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> [@DrDeth](#):
>
> Has it ever occured?

We’ve never had a situation where a former president was indicted for crimes committed while in office. The answer to your question is no because we’re in uncharted waters here. It’s interesting that this is one of the few arguments from Trump that has a kernel of truth to it. Of course part of the reason it has a kernel of truth is that Trump and his MAGAts have said they intend to start revenge prosecutions once he gets back into office. Don’t get me wrong, I’m not buying his argument here, just that it’s one of the few arguments I’ve heard from his camp that makes sense even if I disagree.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [February 7, 2024, 3:28pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4997 "2024-02-07T15:28:23Z")

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> [@Odesio](#):
>
> Of course part of the reason it has a kernel of truth is that Trump and his MAGAts have said they intend to start revenge prosecutions once he gets back into office.

They were going to do that anyway. This is like “Don’t anger the bully because then he’ll steal your lunch money tomorrow.” He’s going to try to steal your lunch money tomorrow no matter what you do.

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**Author:** ![Mijin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mijin/32/9369_2.png) [@Mijin](https://boards.straightdope.com/u/Mijin)\
**Post date:** [February 7, 2024, 3:46pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4998 "2024-02-07T15:46:50Z")

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At least Trump has been consistent and principled though.

> **[‘Where are all of the arrests?’: Trump demands Barr lock up his foes](https://www.politico.com/news/2020/10/07/trump-demands-barr-arrest-foes-427389)**
>
> The day-long run of tweets and retweets marked the most frantic stretch of Trump’s public activity since he left Walter Reed.

_“[Trump] wondered aloud why his rivals, like President Barack Obama […] hadn’t been imprisoned for launching a ‘coup’ against his administration”_

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [February 7, 2024, 8:17pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4999 "2024-02-07T20:17:57Z")

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> [@Odesio](#):
>
> We’ve never had a situation where a former president was indicted for crimes committed while in office.

President Grant was arrested and indicted for a serious traffic violation- but he simply paid the fine. He did not claim immunity.

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**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\
**Post date:** [February 7, 2024, 8:29pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5000 "2024-02-07T20:29:18Z")

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> [@DrDeth](#):
>
> President Grant was arrested and indicted for a serious traffic violation- but he simply paid the fine. He did not claim immunity.

I’ve heard that before, but I’m not sure it’s actually true. There’s an article dating from 1866 about the arrest of General Grant for speeding in the _Daily Richmond Whig,_ but there’s no documentation from the time of his presidency that he was arrested. There’s no newspaper account or court records. In fact, this story wasn’t known until it was published in the early 1900s when _The Sunday Star_ interviewed retired police officer William West.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [February 7, 2024, 8:36pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5001 "2024-02-07T20:36:09Z")

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Speeding in 1866? It’s a whoosh, no?

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**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\
**Post date:** [February 7, 2024, 8:37pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5002 "2024-02-07T20:37:41Z")

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The National Park Service weighs in:

> **[Was General Grant Arrested for Speeding in Washington, D.C.? (U.S. National...](https://www.nps.gov/articles/000/was-general-grant-arrested-for-speeding-in-washington-d-c.htm)**

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**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\
**Post date:** [February 7, 2024, 8:38pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5003 "2024-02-07T20:38:42Z")

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> [@bobot](#):
>
> Speeding in 1866? It’s a whoosh, no?

It’s not. Plenty of towns had ordinances regarding how fast you were permitted to travel. Imagine how dangerous someone on horseback galloping up and down the street could be to other riders or pedestrians. Obviously they weren’t using radar guns to measure exactly how fast someone was going, but they could still nab you.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [February 7, 2024, 8:48pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5004 "2024-02-07T20:48:11Z")

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> [@bobot](#):
>
> Speeding in 1866? It’s a whoosh, no?

I understand he was racing horses (carriage) on a public road against a friend and was warned. Same police officer caught him at it again the very next day.

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**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\
**Post date:** [February 7, 2024, 8:52pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5005 "2024-02-07T20:52:37Z")

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Unlike president 45, he not only copped to the offense, he directed the various powers that were to leave the cop who stopped him alone. “The man was doing his duty.”

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [February 8, 2024, 12:35pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5006 "2024-02-08T12:35:19Z")

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Nevermind.

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [February 8, 2024, 1:46pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5007 "2024-02-08T13:46:18Z")

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A 14th Amendment question: Wasn’t Washington’s battle against the British also an “insurrection”? So by that logic, should he have been allowed to be President? This is honestly a factual question

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**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\
**Post date:** [February 8, 2024, 1:50pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5008 "2024-02-08T13:50:32Z")

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> [@Love\_Rhombus](#):
>
> Wasn’t Washington’s battle against the British also an “insurrection”? So by that logic, should he have been allowed to be President? This is honestly a factual question

No, it was a revolution. The United States did not exist at the time and neither did the constituion. If anything it was an insurrection agaist the Crown, which is a totally off topic discussion.

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**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\
**Post date:** [February 8, 2024, 1:55pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5009 "2024-02-08T13:55:13Z")

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> [@Si\_Amigo](#):
>
> If anything it was an insurrection agaist the Crown, which is a totally off topic discussion.

I gotcha. I will move it elsewhere and rethink.

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**Author:** ![thorny\_locust](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thorny_locust/32/431_2.png) [@thorny\_locust](https://boards.straightdope.com/u/thorny_locust)\
**Post date:** [February 8, 2024, 7:21pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/5010 "2024-02-08T19:21:38Z")

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> [@Si\_Amigo](#):
>
> > [@Love\_Rhombus](#):
> >
> > Wasn’t Washington’s battle against the British also an “insurrection”? So by that logic, should he have been allowed to be President? This is honestly a factual question
> 
> No, it was a revolution.

The difference between an insurrection and a revolution is who won.

But the language of the Fourteenth specifices that it applies to persons who had previously taken an oath to support the Constitution of the United States. So that excludes people who were part of an insurrection against any other government.

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