Thread - 1/Trump supporters WON — AGAIN — in the 9th Circuit, of all places — YASSS! 🙌🏽🙌🏽🙌🏽 There were NO votes to rehear our victory on qualified immunity en banc, meaning the case goes forward unless San Jose wastes more time and seeks SCOTUS cert. #appellatetwitter ... / 
2/Refresher—on June 2, 2016, after a great @realDonaldTrump campaign rally (I was honored to lead the #pledgeofallegiance at the start, and to meet candidate Trump backstage), San Jose’s finest forced the attendees leaving the rally to run a gauntlet of vicious, armed criminals./
3/Wielding Mexican flags and bags of rocks and sucker punches and acting in concert, who assaulted my our clients aged from early teens through their 70s. San Jose police stood there and watched, did nothing, and in fact enabled and encouraged the violence through inaction .../
4/ was a low day. We filed suit on behalf of the injured and those who were present and feared for their lives. San Jose mocked our claims and hid behind the shield of qualified immunity. After two rounds of motions to dismiss where the Mayor and chief of police got out of case /
5/ the trial court ruled that the remaining claims were so outrageous that, if proven, the police did not have qualified immunity. San Jose appealed. Nearly two years after the carnage in San Jose, we had a hearing in the 9th Circuit () where San Jose .../
6/ argued that Trump supporters were asking for it and should have expected to be beaten up by engaging in the inherently dangerous activity of attending a campaign rally in America. (Really). When the 9th circuit panel ruled 3-0 against the city and upholding the lower court.../
7/ San Jose vowed to seek rehearing en banc and if necessary, SCOTUS certiorari. San Jose claims the actions of the police in forcing citizens into a riot, where it then abandoned them and blocked paths to safety, is a-ok, nothing to see here, carry on, we are immune anyway ..../
8/But no judge on the 9th Circuit voted to rehear the case en banc. Not one. Your move, San Jose-going to seek cert? Or let this case move forward into discovery on San Jose’s police practices when it comes to putting Trump supporters into danger and then watching the slaughter?/
9/ We shall see. It is already two years and four months since that riot and that massive violation of civil rights of American citizens. San Jose has refused to sit down to talk settlement, refused to permit discovery, refused to apologize, refused to engage. Instead ... /
10/ They told the 9th Circuit we Trump supporters asked for it. We will pursue this to the end. Who knows, maybe @realDonaldTrump will be in his second term before this is resolved. Maybe this case will end up before the SCOTUS. Maybe it will educate some people about qualified /
11/ immunity and how this judicially-created fiction daily lets the government get away with civil right violations against citizens, who are left with no recourse for their broken bones, their kicked-in doors, their wrongful arrests, their property or their lives destroyed.
/12 Justice delayed is justice denied. We look forward to our day in court on behalf of these Americans who were just doing what every American ought to be able to do without fear of violence — attend a political rally, and then go home in peace.
