Trump's potential liability for Capitol riot faces major test in court

[HenryChinaski]

Trump's potential liability for Capitol riot faces major test in court

A federal judge in Washington, DC, questioned former President Donald Trump's actions during his speech on January 6, 2021, as he considers for the first time whether Trump is immune from liability related to his supporters attacking the US Capitol.

www.cnn.com

A federal judge in Washington, DC, is set to consider, for the first time, whether former President Donald Trump is immune from liability related to his supporters attacking the US Capitol on January 6, 2021.
The major hearing on Monday is part of a trio of insurrection-related lawsuits seeking to hold Trump and others accountable at a time when the House select committee probing January 6 has aggressively investigated the political leaders who inspired the attack, and as the Justice Department is prosecuting more than 700 rioters for criminal offenses.
The court hearing, set to begin at 1 p.m. ET before Judge Amit Mehta of the DC District Court, will address key questions including whether Trump and Republican figures like Rep. Mo Brooks of Alabama can shield themselves from legal fallout because of the First Amendment or their stature as elected officials.
It is the first major test of whether civil litigation is a viable route to holding Trump accountable for the violence toward Congress, after he was acquitted by the Senate in his second impeachment trial last February.

If the judge rules in favor of Swalwell and others who have sued, the California Democrat said he expects "it's going to speed up, and hopefully we'll move to more depositions and evidence discovery very soon."
The police officers, in their lawsuit, say they were hit by chemical sprays and objects the crowd threw at them, like water bottles and signs, because Trump inspired the crowd.
"Defendant's followers, already primed by his months of inflammatory rhetoric, were spurred to direct action," the lawsuit from Blassingame and Hemby said. "Had Trump committed directly the conduct committed by his followers, it would have subjected Trump to direct liability."

This is going to be interesting, I'm leaning towards ruling that Trump along with his play pals are liable.

 

[ecofarm]

His tweet condemning Pence, during the violence, is also inciting the mob.

 

[bongsaway]

Trump's potential liability for Capitol riot faces major test in court

A federal judge in Washington, DC, questioned former President Donald Trump's actions during his speech on January 6, 2021, as he considers for the first time whether Trump is immune from liability related to his supporters attacking the US Capitol.

www.cnn.com

This is going to be interesting, I'm leaning towards ruling that Trump along with his play pals are liable.

I'm tending to agree.

 

[bongsaway]

Why was brooks wearing body armor while giving his 'speech' that fateful day? Might it have something to do with kicking ass and taking names?

 

[Common Sense 1]

The case is DOA! Stupid Trump hate!

 

[prometeus]

The case is DOA! Stupid Trump hate!

Yea, but you are balancing that with your love and puckering up.

 

[Helix]

I don't expect him to be held liable.

 

[HenryChinaski]

The invite to a rally called "Stop the Steal" "Gonna be Wild!"
The pep talk that Trump, Don Jr and Rudy gave before the hillbillies broke into the Capitol
"Trial by Combat" 'fight like hell" "wont have a country anymore"

 

[HenryChinaski]

I don't expect him to be held liable.

I am a tad more optimistic and hope that you are wrong.

 

[Common Sense 1]

Yea, but you are balancing that with your love and puckering up.

Stupid response.
Swalwell is a flaming idiot. He sits on the intelligence Committee has access to sensitive Information and was banging Fang Fang a Chinese spy. Can't make up this crap. Like I said the case is DOA.

 

[Callen]

My thought is that the Judge will say he isn't immune from liability and the cases can move forward. However, I'm doubtful he will be found liable. Not sure these plaintiffs have all the evidence they need and the DOJ, who I bet does have the goods, is not part of the suit.

 

[Common Sense 1]

The invite to a rally called "Stop the Steal" "Gonna be Wild!"
The pep talk that Trump, Don Jr and Rudy gave before the hillbillies broke into the Capitol
"Trial by Combat" 'fight like hell" "wont have a country anymore"

Oh my..... cherry picking little bits!
The case is going no where.

 

[HenryChinaski]

Oh my..... cherry picking little bits!
The case is going no where.

Have you read their complete speeches?
They fired up an already high strung angry crowd.

 

[prometeus]

Stupid response.

On the contrary, it was perfect to your stupid post.

Swalwell is a flaming idiot.

Right, that coming from a luminary such as yourself...

 

[dcsports]

Trump's potential liability for Capitol riot faces major test in court

A federal judge in Washington, DC, questioned former President Donald Trump's actions during his speech on January 6, 2021, as he considers for the first time whether Trump is immune from liability related to his supporters attacking the US Capitol.

www.cnn.com

This is going to be interesting, I'm leaning towards ruling that Trump along with his play pals are liable.

So this hearing isn't on whether Trump will be liable, but to address some specific motions to dismiss the case. Even if the motions are not granted, and the case moves forward, it only means they'll continue the process.

Personally, I expect the judge to try to avoid giving a determination on executive or congressional immunity. Judges avoid political fights like this. The ruling will be 'not dismissed at this time, subject to reconsideration'.

The first amendment issue is a much stronger one. It COULD get the 'let's see' treatment. I think, however, that this will go to what should be the eventual ruling - this was a political rally, protected free speech, and absent an overt threat should be dismissed.

 

[HenryChinaski]

So this hearing isn't on whether Trump will be liable, but to address some specific motions to dismiss the case. Even if the motions are not granted, and the case moves forward, it only means they'll continue the process.

Personally, I expect the judge to try to avoid giving a determination on executive or congressional immunity. Judges avoid political fights like this. The ruling will be 'not dismissed at this time, subject to reconsideration'.

The first amendment issue is a much stronger one. It COULD get the 'let's see' treatment. I think, however, that this will go to what should be the eventual ruling - this was a political rally, protected free speech, and absent an overt threat should be dismissed.

Trump, Rudy and Don Jr, motivated a crowd of supporters and incited mob violence at an event called "stop the steal" no doubt"

 

[Stealers Wheel]

So this hearing isn't on whether Trump will be liable, but to address some specific motions to dismiss the case. Even if the motions are not granted, and the case moves forward, it only means they'll continue the process.

Personally, I expect the judge to try to avoid giving a determination on executive or congressional immunity. Judges avoid political fights like this. The ruling will be 'not dismissed at this time, subject to reconsideration'.

The first amendment issue is a much stronger one. It COULD get the 'let's see' treatment. I think, however, that this will go to what should be the eventual ruling - this was a political rally, protected free speech, and absent an overt threat should be dismissed.

Incitement to riot is not protected by the 1st amendment. But you know that. If these officers can demonstrate by a preponderance of evidence that their injuries are a result of Trump and his cronies firing up the crowd, they will prevail. Would love to see this go before a jury.

 

[Lutherf]

Trump's potential liability for Capitol riot faces major test in court

A federal judge in Washington, DC, questioned former President Donald Trump's actions during his speech on January 6, 2021, as he considers for the first time whether Trump is immune from liability related to his supporters attacking the US Capitol.

www.cnn.com

This is going to be interesting, I'm leaning towards ruling that Trump along with his play pals are liable.

You? You would actually think Trump was liable for 1/6? Wow, I never would have imagined such a thing.

 

[HenryChinaski]

You? You would actually think Trump was liable for 1/6? Wow, I never would have imagined such a thing.

And you do not. You find him liable and culpable for nothing. You view him as a victim being harassed by meanies.

 

[HenryChinaski]

Incitement to riot is not protected by the 1st amendment. But you know that. If these officers can demonstrate by a preponderance of evidence that their injuries are a result of Trump and his cronies firing up the crowd, they will prevail. Would love to see this go before a jury.

One of these officers lost part of his hand fighting with Trumptards that were motivated directly by Trump.

 

[Chainsawmassacre]

Trump's potential liability for Capitol riot faces major test in court

A federal judge in Washington, DC, questioned former President Donald Trump's actions during his speech on January 6, 2021, as he considers for the first time whether Trump is immune from liability related to his supporters attacking the US Capitol.

www.cnn.com

This is going to be interesting, I'm leaning towards ruling that Trump along with his play pals are liable.

More evidence of democrats intense fear that Trump will run for a second term and evidence they know he'd be victorious. They are doing everything they can to preemptively stop that from happening. They know America has seen the light and will want to right the ship in the next election so the only thing left to do is figuratively speaking to kill Trump.

 

[Rexedgar]

What would the county do if Trump were to be charged/indicted?

 

[Ikari]

Meh, we'll see, but I don't expect that Trump will be held liable for anything.

 

[prometeus]

What would the county do if Trump were to be charged/indicted?

Civilization as we know it would end. A new era would start, something like Mad Max and Trump would be made into Immortal Don.

Witness...

 

[dcsports]

Trump, Rudy and Don Jr, motivated a crowd of supporters and incited mob violence at an event called "stop the steal" no doubt"

Incitement to riot is not protected by the 1st amendment. But you know that. If these officers can demonstrate by a preponderance of evidence that their injuries are a result of Trump and his cronies firing up the crowd, they will prevail. Would love to see this go before a jury.

This doesn't even come close to the definition of inciting a riot, which is why no one has been charged. That's why I point out that there was on overt threat. Telling people to 'make their voices peacefully be heard' even if they 'fired up the crowd', isn't incitement.

18 U.S. Code § 2102 - Definitions

www.law.cornell.edu