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Glenn Kirschner: Capitol Attack Defendant Raises “Fox-Made-Me-Do-It” Defense. Here’s Why “Foxitis” Defense Will Fail

21/05/2021

May 10,2021

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.

About Glenn Kirschner

Glenn Kirschner brings analysis and insight to legal issues of the day, drawing from his 30 years as a federal prosecutor, homicide prosecutor and Army JAG. Glenn is an NBC News and MSNBC legal analyst and teaches criminal law at George Washington University.

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