Posted on 03/02/2023 12:24:37 PM PST by thegagline
Former President Donald Trump can be sued by injured Capitol Police officers and Democratic lawmakers over the Jan. 6, 2021, insurrection at the U.S. Capitol, the Justice Department said Thursday in a federal court case testing Trump’s legal vulnerability and the limits of executive power.
The department wrote that although a president enjoys broad legal latitude to communicate to the public on matters of concern, “no part of a President’s official responsibilities includes the incitement of imminent private violence. By definition, such conduct plainly falls outside the President’s constitutional and statutory duties.” *** The Justice Department wrote that it also takes no view on a lower court judge’s conclusion that those who sued Trump have “plausibly” alleged that his speech caused the riot. Nevertheless, the department said that an appeals court should reject Trump’s claim that he’s immune from the lawsuits.
The Justice Department cautioned that the “court must take care not to adopt rules that would unduly chill legitimate presidential communication” or saddle a president with meritless lawsuits.
“In exercising their traditional communicative functions, Presidents routinely address controversial issues that are the subject of passionate feelings. Presidents may at times use strong rhetoric. And some who hear that rhetoric may overreact, or even respond with violence,” the department wrote.
*** U.S. District Judge Amit Mehta ruled that Trump’s words during a rally before the violent storming of the U.S. Capitol were likely “words of incitement not protected by the First Amendment.”
The lawsuits, filed by Rep. Eric Swalwell, D-Calif., officers James Blassingame and Sidney Hemby, and later joined by other House Democrats, argue that Trump and others made “false and incendiary allegations of fraud and theft, and in direct response to the Defendant’s express calls for violence at the rally, a violent mob attacked the U.S. Capitol.”
(Excerpt) Read more at apnews.com ...
“The standard of proof for a tort is usually preponderance of evidence or under certain circumstances clear and convincing.”
Again, again, again, they only have accusations and testimony that was scripted and never cross-examined. If anything goes to court, it will take years to unravel the event, unless the Republicans develop a spine.
then EVERY Democratic politician can be sued for instigating the BLM riots!
They keep using that term “Insurrection”. I don’t think that means what they think it means. “Set-up” is the term they need to learn.
Trump hater for years. Appointed by Osbama:
https://www.cnn.com/2019/05/09/politics/who-is-judge-amit-mehta-dc-district-court/index.html
When does Obambi get sued for inciting looting and murder of police?
Which calls were those?
They haven’t got what it takes to do that. Tiny men with tiny agendas and tinier mindsets. They’re not fit to shine his shoes.
Is the DOJ going to sue Ray Epps and his cohorts who had bull horns encouraging protesters to storm the Capitol????
CHECK
What about suing Pelosi for not doing her Constitutional job?
Trump offered twice to bring in Fed Troops as insurance but was denied by Pelosi......
It will go all the way to SCOTUS.
Can Black Lives Matters and ANTIFA also be sued. What about any other groups who protest?
So kamala harris and many dems are liable for actual violence and damage. Or does this warped logic only apply to Trump.
I disagree. I thin the question is, can they find a corrupt judge. (And we don't even have to ask about juries in DC).
What else do you expect from the weaponized DOJ?
LOL!
BS! Did he not ask for Peloosei’s help? Did she not DENY?
Someone denied???? Anyone?
Who is "Blassingame?"
Of course they did.
Did anyone, I mean anyone, expect less?
Imagine if he had made it into SCOTUS.
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