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It concluded that a recklessness standard— i.e., a showing that a person “consciously disregard[ed] a substantial [and unjustifiable] risk that [his] conduct will cause harm to another,”—is the appropriate mensrea. The post Supreme Court Clarifies First Amendment Test for True Threats appeared first on ConstitutionalLaw Reporter.
Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mensrea.” ” Braxton v. United States , 500 U.S. 344 (1991).
That is a far cry from evidence showing mensrea — “guilty mind.” There were discussions of appointing Trump attorney Sidney Powell as a special counsel , seizing voting machines or replacing the Justice Department’s leadership. It is a chilling list but it is also notable in that no final action was taken on such proposals.
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