Why isn't Travis Corcoran in jail?

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Friday January 21, 2011 · 2:42 PM PST

2011/01/21 · 14:42

In reading the saga of Travis Corcoran, the Boston-area comic-book dealer who called for the assassination of federal lawmakers, I'm left wondering--how is this guy still a free man?

Think about it, folks. Here's a guy who specifically called for politicians to be targeted for assassination. Per WBZ's writeup on the story, law enforcement considered this a credible enough threat to bring in the Capitol Police and alert the entire Massachusetts congressional delegation. And yet, Corcoran is still out on the streets?

About the only reason I can think of for why Corcoran isn't sitting in prison is that the police in his town are afraid of coming off like they're punishing speech. Sorry, but to my non-lawyer's mind, his blog post sounds like the very definition of "overt incitement" (in other words, the equivalent of yelling "fire" in a crowded theater). And when you consider that congressional spouses are frightened enough to yank their kids out of daycare, it's even more reason to come down with hobnail boots on this guy.

Episodes like this are yet more reason for tougher penalties against those who threaten federal officials. As many of you know, Congressman Bob Brady proposed a law to make it illegal to threaten a federal official. His interview with CNN suggested he was working on a separate bill--one that I was afraid would be worded in such a way that protected speech could potentially have been criminalized. However, Brady's proposal simply amends the provision of the federal code making it a crime to threaten the president to include congressmen as well--which I think is all that's necessary. Under this provision, there's no question about it--Corcoran would have long since been arrested.

But to my mind, there's enough under state law to arrest Corcoran right now. Seems that his post would be a textbook case of "communicating threats," given its specific threat against congressmen. That makes the fact he hasn't been arrested yet less comprehensible. There aren't any i's to dot or t's to cross here. This guy should not be out on the streets. Period.

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Why isn't Travis Corcoran in jail?

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