- Joined
- Apr 29, 2012
- Messages
- 17,822
- Reaction score
- 8,296
- Location
- On an island. Not that one!
- Gender
- Undisclosed
- Political Leaning
- Socialist
Just another one of those librul congress critters that nobody's ever heard of, comes from one of those 'redneck' states.
Appears there are some attorneys who agree with McConnell
Tribe during an interview with Lawrence O'Donnell noted that due to the different states of residency, the officers' lawsuits will go to a federal court.
The legal mechanism is that since Trump is a resident of Florida, while the officers likely live in Washington, DC, Maryland or Virginia, it becomes a "diversity lawsuit" -- which allows U.S. District Courts to decide questions of state laws because the parties are residents of different states.
This legal strategy - "diversity lawsuit" - could cause others injured on 6 Jan to file suit. We all know there will be attorneys prepared to jump in, offering their services, some maybe saying pro bono
"And this lawsuit, this same lawsuit is available to at least about 140 Capitol Police officers who were injured that day."
It will be interesting - and probably wander thru the courts for the next couple of years.
“President Trump is still liable for everything he did while he was in office, as an ordinary citizen, unless the statute of limitations has run, still liable for everything he did while in office, didn't get away with anything yet — yet,” McConnell said at the time. “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.”
Appears there are some attorneys who agree with McConnell
Capitol police have the best case against Trump for the insurrection
. . . the contours of Trump’s potential civil liability are finally coming into focus. The lawsuits filed by Representatives Eric Swalwell and Bennie Thompson, pleading claims under a Civil War-era statute enacted to counter the rise of the then-nascent KKK, provide one promising pathway to holding the former president accountable. Yet it is a no-frills lawsuit filed March 30 by two Capitol Police officers who stood their ground against the insurrectionists, and paid a heavy physical and psychological toll for doing so, that holds perhaps the greatest promise of making Trump pay for directing the violent mob that stormed the Capitol on his command.
The strength of the suit by Officers James Blassingame and Sidney Hemby is in its time-tested simplicity. Not relying on any act of Congress but merely invoking common-law principles buttressed by Washington, D.C., code provisions prohibiting incitement to riot and provocation of violence, their suit centers on claims that Trump directed, aided, and abetted the garden-variety torts of assault and battery and intentional infliction of emotional distress. These are the kinds of tort claims pleaded every day in courts across the country, tracing their roots to the most foundational precepts of the English common law. The complaint alleges that Trump was guilty of “intentional, wanton and reckless conduct” as he “spurred” a violent crowd “already primed by his months of inflammatory rhetoric” to cause grave damage and injury to property and persons, including the two Capitol Officers.
Tribe during an interview with Lawrence O'Donnell noted that due to the different states of residency, the officers' lawsuits will go to a federal court.
The legal mechanism is that since Trump is a resident of Florida, while the officers likely live in Washington, DC, Maryland or Virginia, it becomes a "diversity lawsuit" -- which allows U.S. District Courts to decide questions of state laws because the parties are residents of different states.
This legal strategy - "diversity lawsuit" - could cause others injured on 6 Jan to file suit. We all know there will be attorneys prepared to jump in, offering their services, some maybe saying pro bono
"And this lawsuit, this same lawsuit is available to at least about 140 Capitol Police officers who were injured that day."
It will be interesting - and probably wander thru the courts for the next couple of years.