Trump Claims Immunity
D. S. Mitchell
Lily
I’m still pounding out blog posts, between answering the Calamity Politics phone and letting the dog in and then out. It is a game Lily likes to play. But, her game is torture to me. If you have a dog you get it. If you have a cat, you don’t know what I’m talking about.
Turn It Off
I turned off the television, quieting the week-end political news shows. I am sick of hearing about North Korean military parades, and listening to the “what we will do next” scenarios. There are several old stories that don’t want to die. This Trump news story began several years ago. And as with most court cases I expect it to drag on a ridiculously long time.
Birmingham, Alabama 11/21/15
Birmingham, Alabama 11/21/15: Trump was asked about a protester being attacked at the rally. Trump responded, “He should have been.” Mercutio Southall a 31-year-old “Black Lives Matter” activist was pushed, shoved, tackled, punched and kicked. “Maybe, he should have been roughed up? He was disgusting.” Pretty strong language from my point of view. A candidate for the presidency appearing to encourage and condoning violence at a campaign rally.
Cedar Rapids, Iowa 2/11/2016
Cedar Rapids, Iowa 2/11/2016: During a campaign rally, Trump fired up the crowd with, “knock the crap out of anyone who tries to throw a tomato….I’ll pay your legal fees!” Honest, to God? Really? I don’t think asking supporters to attack and knock the crap out of protesters is very presidential, or legal.
Las Vegas, Nevada 2/22/2016
Las Vegas, Nevada 2/22/2016: At a campaign rally Trump reminisced about, “the good old days,” when he’d (the protester) be carried out on a stretcher.” The fact that Trump thinks it is ok to assault a person because they disagree with him sounds like a Hitler rally.
Louisville, Kentucky 3/1/2016
Louisville, Kentucky 3/1/2016: Kashiya Nwanguma a black student at the University of Kentucky, Molly Shah and Henry Brousseau went to “peacefully protest the Trump rally”. Trump yelled from the stage, “Get them outta here. Get, ’em out!” At this point, a couple of Trump supporters started swinging fists at the protesters.
Warren, Michigan 3/4/2016
Warren, Michigan 3/04/2016: Trump yelled from the podium, “Don’t hurt him.” But, then he added, “If you do, I’ll defend you in court. Don’t worry about it!” Sounds like incitement to me.
First Amendment ?
Phil Bump, asked in the WaPo on 3/14/2016, if Trump could be held responsible for inciting violence. Bump said he felt that Trump was “probably” protected by the First Amendment. However, Bump declared, there are notable “boundaries”. The Supreme Court has said, quite famously,”you cannot yell, fire in a crowded theater” and not expect chaos, and possible injury to result.
Incitement
Situations where an activist (Trump) encourages others to commit criminal acts is called incitement. “Incitement” is legally prohibited. “Fighting words” known to incite a breach of the peace, or speech designed to “explicitly or implicitly” encourage the use of violence, where the speaker understands violence is the likely result,” Bump concluded.
Ordering Assault
The three assaulted protestors from the Louisville, rally, have just been handed a small victory in their slow-moving legal case against Trump, and two Trump supporters, Alvin Bamberger, and Mathew Heimbach. The plaintiffs accuse Trump “through his words and actions,” “ordered the assault.” At multitudes of rallies Trump would order hecklers to, “get out!” At the Louisville rally, video recordings show that Trump interrupted his speech 5 separate times to call for supporters, to remove the black protesters.
Trump Lawyer Claims Immunity
A lawyer for President Trump claimed presidential immunity, as he fought back against a lawsuit filed by the Louisville protesters. The protesters claim that “Trump incited a riot against them.” Federal Court Judge David Hale, a Obama appointee, rejected the immunity claim, citing a 1997 South Carolina ruling that held Bill Clinton could be sued over events that occurred prior to his taking office. Hale is constrained by the claims of “free speech”, but allowed the case to move forward. Hale felt Trump was not only responsible for inciting riot, but “had a duty” to prevent violence. This decision by Hale, left an opening for charges of negligence.
Trump Urged The Attacks
Alvin Bamberger, a party to the lawsuit agrees with the plaintiffs that Trump “wanted a riot.” Mr. Bamberger, through his lawyer wrote, “I would not have acted as I did, without Trump’s specific urging and inspiration.” Bamberger supports the contention that Trump’s speech was calculated to incite violence against the protesters. Bamberger recounts that all was peaceful until Trump began screaming, “get ’em out! Get ’em out!” Chaos followed. In a video, “Bamberger is shown jostling a black woman in a sea of white men.” Judge Hale, in his Opinion, stated, “there was a similar pattern to all his speeches. Demonstrating that, “Trump knew the reactions his words would generate.”On multiple occasions, before and after the Louisville rally Trump appeared to endorse, or encourage violence against protesters.
Freedom Of Speech On Steroids
Greg Belzey, attorney for the Louisville protesters, said they would begin requesting documents, recordings, and other evidence to prove Trump knew “by earlier events, that his words could provoke violence.” Belzey says he is looking forward to getting the President under oath. “The key will be the deposition.” Whatever the end results, the plaintiffs will “bare a heavy burden in making their case,” according to Avi Solk, writer for the Washington Post. Hale’s decision is, “startling, considering how high the free speech barrier has become. Few cases survive.”
Trump needs to learn that, “words matter”.
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