I read the lawsuit the capitol police officers (Blassingame and Hemby) brought against Trump.
In a nutshell: This case is bad for Trump.
My analysis seemed too long for a thread, so I recorded a video (9 minutes).
I'll have a transcription shortly.
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In a nutshell: This case is bad for Trump.
My analysis seemed too long for a thread, so I recorded a video (9 minutes).
I'll have a transcription shortly.
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If, like me, you prefer to read, I put an [edited] transcription on my blog, here: terikanefield.com/blassingame-v-…
To summarize, this case is bad for Trump for a whole bunch of reasons.
🔹First, the plaintiffs sustained actual injuries . . .
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To summarize, this case is bad for Trump for a whole bunch of reasons.
🔹First, the plaintiffs sustained actual injuries . . .
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Some of these tort cases are a bit weak because the plaintiffs have a hard time showing why they should have standing to sue. (Also, these are particularly sympathetic plaintiffs.)
🔹The facts are bad for Trump. The facts in this case are devastating.
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🔹The facts are bad for Trump. The facts in this case are devastating.
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January 6 from the viewpoint of these officers is harrowing. They recount in gruesome detail how they were attacked with rocks, bottles, fire extinguishers, metal poles, pepper spray.
The insurrectionists repeatedly hurled the "N" word at one of them.
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The insurrectionists repeatedly hurled the "N" word at one of them.
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It will not be good for Trump for all these facts to come into the news again.
So far, Trump's "defense" has amounted to cherry-picking the facts. "Trump told them to be peaceful!" or "There's nothing wrong with the word "fight."
You can't get away with that in court.
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So far, Trump's "defense" has amounted to cherry-picking the facts. "Trump told them to be peaceful!" or "There's nothing wrong with the word "fight."
You can't get away with that in court.
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🔹Also the law in D.C. is bad for Trump. D.C. has a tort called "directing assault and battery." They also have a public safety ordinance against inciting a riot.
More details in the video and blog post (this is just to hit the bullet points)
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More details in the video and blog post (this is just to hit the bullet points)
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Under D.C. law, to find that Trump "directed assault and battery," the plaintiffs only have to show that Trump's words “planted the seeds of action and were spoken by a person in an apparent position of authority.”
Easy peasy lemon squeezy (that's an actual legal term😆)
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Easy peasy lemon squeezy (that's an actual legal term😆)
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Moreover, Trump didn't have to know that they'd get violent when he directed them to the Capitol. He needed only to have foreseen an appreciable risk of harm to others.
And this can be proven with circumstantial evidence. Easy peasy?
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And this can be proven with circumstantial evidence. Easy peasy?
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Another reason this case is bad for Trump?
Discovery. Remember those "close advisors" who said Trump was sort of thrilled watching the coverage of the riot on January 6?
Imagine those witnesses on the stand under oath.
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Discovery. Remember those "close advisors" who said Trump was sort of thrilled watching the coverage of the riot on January 6?
Imagine those witnesses on the stand under oath.
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In other words, the officers in this civil case may be able to get their hands on evidence that the House Managers in the impeachment trial couldn't get.
Oh, and bonus: If Trump decides to stand on the Fifth and remain silent, the jurors can take that into account.
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Oh, and bonus: If Trump decides to stand on the Fifth and remain silent, the jurors can take that into account.
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That's because this is a civil case and not a criminal case.
One more reason this is bad, and I'll wrap this up: The last place Trump wants to face a jury is in Washington, D.C.
I'm sure he'd rather face a jury in, say, Florida, but he has no grounds to remove the case.
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One more reason this is bad, and I'll wrap this up: The last place Trump wants to face a jury is in Washington, D.C.
I'm sure he'd rather face a jury in, say, Florida, but he has no grounds to remove the case.
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The injury happened in Washington D.C.
When you hold a rally somewhere, you automatically subject yourself to the laws and courts of that jurisdiction.
I expect Trump to settle this case so he doesn't have to face discovery or a trial.
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When you hold a rally somewhere, you automatically subject yourself to the laws and courts of that jurisdiction.
I expect Trump to settle this case so he doesn't have to face discovery or a trial.
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More detail on the video and transcription on my blog, but I hit the main points here.
terikanefield.com/blassingame-v-…
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terikanefield.com/blassingame-v-…
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They can't be forced to settle, unless D.C. has some weird rules I don't know about.
California has ways to pressure people into settling, but they don't have to.
California has ways to pressure people into settling, but they don't have to.
https://twitter.com/jonrog1/status/1379582152430419969
I just read this thread over and I left out so much!
Particularly devastating is the sequence of events showing how Trump riled his supporters with lies over a period of months knew they were capable of violence.
You can read the complaint here:
justsecurity.org/wp-content/upl…
Particularly devastating is the sequence of events showing how Trump riled his supporters with lies over a period of months knew they were capable of violence.
You can read the complaint here:
justsecurity.org/wp-content/upl…
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