Originally Posted by
GUWonder
The same legal basis the government uses to go after people for actions that are violations of law that include intent as a requirement for a given action to be deemed a violation of law.
What we say can be used against us in a court of law -- even words people make on online forums under real names or pseudonyms. An exercise of a 1st Amendment right doesn't inoculate the user from those words being used in a court of law as an indication of intent.
Actus reus non facit reum nisi mens sit rea
In the case of an EO the only question that should be decided by a court is a constitutional question. Doesn't matter who or what party is in office.