Yes there have been many diaries posted about Ann Coulter's remark about John Edwards on GMA, and this will be another of them. This diary will examine whether Ann Coulter has violated the USA PATRIOT Act by her comments.
Just to refresh, here is what she said that has caught the attention here and elsewhere:
"if I’m going to say anything about John Edwards in the future, I’ll just wish he had been killed in a terrorist assassination plot."
Ms. Coulter may indeed be guilty as an accomplice to domestic terrorism.
Let us for a moment disregard the subjunctive phrasing here. In terms of liability, it may make no difference anyway.
The USA PATRIOT Act defines "domestic terrorism" as follows:
the term "domestic terrorism" means activities that--
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B) appear to be intended--
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C) occur primarily within the territorial jurisdiction of the United States.
18 U.S.C. § 2331(5).
The assassination of a viable Presidential candidate is, in my mind, an act which would appear to be intended to influence the policy of the the government of the United States.
The Patriot Act goes on to describe specific acts that comprise terrorism:
(a) Prohibited acts.--
(1) Offenses.--Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)--
(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States;
. . .
in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c).
18 U.S.C. § 2332b(a).
Murder is a violation of the laws of every State and of the United States. United States television broadcasts routinely transcend national boundaries.
The "circumstances" mentioned above include the following:
(b) Jurisdictional bases.--
(1) Circumstances.--The circumstances referred to in subsection (a) are--
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
18 U.S.C. § 2332b(b)(1).
A broadcast over the airwaves of the United States (such as on Good Morning America) would qualify as a facility of interstate commerce. That's how the F.C.C. has jurisdiction over them.
By now, you are probably thinking that Ms. Coulter has not killed anyone (that we know of), so how could this apply to her? I'm glad you asked . . .
(2) Co-conspirators and accessories after the fact.--Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender.
18 U.S.C. § 2332b(b)(2).
So, she could be a conspirator or accessory, if someone else does commit the act.
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
18 U.S.C. § 3.
. . .
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
18 U.S.C. § 371.
By now you should also be thinking that she would not know anyone who would do such a heinous act. Under the USA PATRIOT Act, she doesn't have to:
(d) Proof requirements.--The following shall apply to prosecutions under this section:
(1) Knowledge.--The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment.
18 U.S.C. § 2332b(d)(1).
Ms. Coulter may be in a conspiracy, or be helping someone she doesn't even know.
What if it never happens?
(a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years.
18 U.S.C. § 373(a).
She did say she wished it would happen. Given that the knowledge requirement has been abrogated for other inchoate offenses, it is reasonable to infer it would be so for solicitation to commit domestic terrorism.
By the way, if Ms. Coulter has engaged in such terrorist activity, it seems reasonable to me that the ABC television network, and its affiliated stations have engaged in conduct in violation of F.C.C. regulations as to the support of terrorism. I haven't researched this point, but I think it would be appropriate for the F.C.C. to investigate. Such an investigation would only result if a viewer made a formal complaint.
I want to say that I have the utmost respect and belief in the First Amendment, and I would strongly defend anyone's (including Ann Coulter's) free speech rights.
But I didn't write the USA PATRIOT Act, and although I think it is a piece of junk legislation, it is, for now, part of the law of the land.
Finally, I would normally view much of the above analysis as a stretch, but seriously, what exactly did Jose Padilla or the Miami 7 do to warrant the investigations and prosecutions that have befallen them? The bar has been set so low now that Ms. Coulter's comments seem to be well within the parameters of the law as applied by the Justice Department.