Musings —08.10.2016 07:12 AM—
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW YORK
Criminal Action No. 8:10-cr-00090-JWK
UNITED STATES OF AMERICA, Plaintiff,
DONALD J. TRUMP, Defendant.
The Grand Jury for the District of New York charges that:
18 U.S.C. § 879 : US Code – Section 879: Threats against former Presidents and certain other persons
At all times relevant to this Indictment, unless otherwise stated:
1. DONALD J. TRUMP is a resident of New York, New York, and is the nominee of the Republican Party for President of the United States.
2. HILLARY CLINTON is a resident of New York, New York, and is the nominee of the Democratic Party for President of the United States.
3. On or about August 9, 2016, in the City of Wilmington, North Carolina, DONALD J. TRUMP stated: “If [Hillary Clinton] gets to pick her judges, nothing you can do, folks. Although the Second Amendment people — maybe there is, I don’t know.”
4. The Second Amendment to the Constitution of the United States states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
5. The relevant section of the Code of Laws of the United States is 18 U.S.C. § 879 : US Code – Section 879: Threats against former Presidents and certain other persons. That section states:
“(a) Whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon – (1) a former President or a member of the immediate family of a former President; (2) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect; (3) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or (4) a person protected by the Secret Service under section 3056(a)(6); shall be fined under this title or imprisoned not more than 5 years, or both [emphasis added].”
6. The facts are that DONALD J. TRUMP knowingly and willfully threatened to kill or inflict bodily harm upon HILLARY CLINTON, who is a major candidate for the office of President of the United States, and who is protected by the Secret Service.
7. DONALD J. TRUMP knowingly and willfully sought to incite the murder of, or the infliction of bodily harm against, HILLARY CLINTON by stating that persons who oppose her policies are justified in taking up arms against her, pursuant to the Second Amendment.
All in violation of Title 18, United States Code, Section 879.
FOR THE UNITED STATES OF AMERICA (AND THE FREE WORLD)
J. Warren Kinsella, J.D.
Senior Litigation Counsel
United States Department of Justice