Capitol Attack Defendant Raises "Fox-Made-Me-Do-It" Defense. Here's Why "Foxitis" Defense Will Fail

Justice Matters with Glenn Kirschner

Crossover Media Group

Legal, Progressive, Judicial, Politics, Political, Government, Law, News, News Commentary, Justice, Democrats, Justice Department, Liberal

4.8 • 2.6K Ratings

🗓️ 10 May 2021

⏱️ 9 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

There are two main ways mental health issues intersect with criminal prosecutions: 1. competency to stand trial and 2. insanity defenses. Here is an overview of those two features of the criminal justice system and why a "Foxitis" defense is not a legally viable defense in a criminal prosecution. However, the fact that defendants are saying they were inspired and incited to violence by the incessant lies of Donald Trump as repeated and amplified by Fox News should give the federal government, specifically the executive branch, every reason to regulate "news" outlets that peddle fiction as fact and should give the legislative branch reason to prohibit "news" outlets from peddling fiction as fact when it incites imminent violent conduct. For our newly launched Team Justice and Justice Matters merchandise shop, please visit: https://shop.spreadshirt.com/glennkirschner/ Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Transcript

Click on a timestamp to play from that location

0:00.0	So, some of the insurrectionists are now claiming in court that Fox News made me do it.
0:10.4	Let's talk about the Foxitis defense because justice matters.
0:34.4	So, let's take on a defense that we're beginning to hear in court from some of the insurrectionists
0:41.5	who are charged with attacking the U.S. Capitol on January 6th. And it's the Fox News made me do it
0:49.0	defense. It's been dubbed Foxitis. Here's the headline from an article in the Guardian. Fox
0:58.5	News made me do it. Capitol attack suspect pulls Foxitis defense. And here's how that article
1:06.9	begins. The lawyer for a Delaware man charged over the Capitol attack in January is floating a
1:14.0	unique defense. Fox News made him do it. And this according to his lawyer, defendant Anthony
1:22.4	Antonio, who was facing five criminal charges, fell prey to the persistent lies about the so-called
1:30.1	stolen election being spread daily by Donald Trump and the right-wing network that served him,
1:37.6	Fox News, his attorney Joseph Huntly said during a hearing on Thursday.
1:44.1	So, apparently the defense goes something like Donald Trump incessently lied to the American people
1:52.7	about the election being rigged, being fraudulent, being stolen from them. And those lies were amplified,
2:01.2	were broadcast nonstop by Fox News. And that is what caused defendants to attack the Capitol. Fox
2:12.4	News made me do it. Accordingly, I'm suffering from a case of Foxitis. Well, let me not bury the
2:21.3	lead, folks. That won't work. But let's talk about how mental health issues most typically intersect
2:32.9	with criminal prosecutions. And it's really in two ways. We see mental health issues being involved
2:42.0	in criminal cases. And it's competency to stand trial and insanity at the time of the crime.
2:50.7	So these are two different but somewhat related issues. Let's take on competency to stand trial first.
2:57.6	So competency to stand trial is a present day issue. That is, is the defendant competent to be
3:05.6	tried in a court of law. What does it take to be competent to stand trial? It's actually a pretty
3:12.8	low bar. A defendant just has to have a basic rational and factual understanding of the charges
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from Crossover Media Group, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Crossover Media Group and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.