Scholar Says Trump's 'Second Amendment' Comment Doesn't Cross A Legal Line

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Republican presidential candidate Donald Trump claps with the audience during a campaign event at Trask Coliseum on Aug. 9, 2016 in Wilmington, North Carolina. (Sara D. Davis/Getty Images)

Donald Trump received another firestorm of criticism Tuesday, after he made comments suggesting Second Amendment advocates might stop Hillary Clinton’s gun control agenda.

Making the unsubstantiated claim that Clinton wished to abolish the Second Amendment, he went on to talk about the presidential power to choose Supreme Court judges. “If she gets to pick her judges, nothing you can do, folks,” he said, adding, “Although the Second Amendment people — maybe there is, I don’t know.”

Critics said he was inciting violence against Clinton, something Trump denied.

Was Trump’s comment about the Second Amendment legal? The Secret Service said it was “aware” of what Trump said, but legal scholars, including Scott Sundby of the University of Miami, say Trump did not cross a legal line.

Here & Now‘s Robin Young speaks with Sundby about why that may be the case.


Scott E. Sundby, professor of law at the University of Miami School of Law.

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