I seriously believe you would not be investigated, IF it were clear that your “hit list” were metaphorical, and that you were engaged in an extended to defeat someone in a totally legal contest.
For example, if you were organizing a political campaign, and you created a document called “hit list” with the names of political opponents on it, and then you organized campaign contributions to defeat those opponents in their reelection bids, it would be a massive waste of police resources to investigate you for anything if one of those people were attacked physically.
In this case, I’ll be fairly irritated if the FBI or whoever investigate Palin for this crime. I mean, what do you propose–do you think she had any idea who this guy was, do you think she met with him, do you think she did anything except use an obnoxious, crass, hateful metaphor? What crime exactly do you think she should be investigated for?
If we propose someone created a document called “hit list” and had the names of people on it who later were killed, and we propose that the FBI had no further information, then sure–investigate. But that’s not our situation. We KNOW what Palin’s document was about. And at the point in your hypothetical where the cops find out that the hit list described a legal activity, the police might roll their eyes, talk shit about the asshole who’s engaging in such crass behavior, but they sure better put their resources toward catching the actual criminal.
Again, I don’t think that it makes any sense at all to try to hold Palin, Beck, etc. legally culpable here. However, I do think everyone, no matter their political affiliation, should try to keep anything that looks like approval of political violence out of their speechifying.
Question: I’ve seen several references to Giffords’s opponent having a shoot-her-portrait fundraiser or something, but no news links. Does someone have one?