Former Federal prosecutor Glenn Kirschner earlier today on MSNBC, addressing the Fox "News" channel's culpability for the insurrection and spreading the obvious "Big Lie":
"These were not lies about which toothpaste will make your teeth whiter, or which floor wax will make your floors more shiny, these were lies about whether the American peoples' votes were stolen and their election rigged.
It's like they were packing the case with gunpowder, using these lies as a vehicle to keep the viewership, you know, engaged. They were just waiting for Donald Trump to light that gunpowder -- which he did on January 6th and it erupted into violence.
I think we need to challenge the federal government -- this defamation suit is important -- but what is even more important is the federal government needs to step up and address these intentional and reckless lies. I would argue are reasonably likely, if not intended to, incite imminent violence. This issue has got to be grabbed onto and shaken and addressed.'" (our emphasis)
Despite special counsel Jack Smith's active, no-nonsense approach, with the current cautious leadership at the DOJ, Kirschner's challenge is unlikely to be met. However, his point is a solid one: an organization like Fox "News" shouldn't be protected from prosecution for inciting violence and insurrection for monetary gain, despite what they will claim as their "First Amendment" rights while "packing the case with gunpowder."
