Third Capitol Police Suit Over The Jan 6 Riots
Moore v. Trump, No. 22-cv-00010
Plaintiff: Marcus J. Moore, US Capitol Police Officer
Case Summary: On Jan. 4, 2022, a third suit was filed by a Capitol Police officer alleging that physical and emotional injuries he suffered were caused by Trumps inciting the Jan. 6 riot. The complaint alleges that Trump directed, aided and abetted, and conspired to incite the riot. The officer seeks compensatory and punitive damages.
The officer claims that the actions, tweets, and comments made by Trump prior, during, and after the insurrection resulted in actual physical injuries as rioters struck him and attacked him with physical objects and chemical agents. Like other Jan. 6 lawsuits, the officer claims Trump violated the KKK Act as Trump conspired to attack the Capitol with his followers. The officer, like earlier lawsuits, further cited violations of the D.C. Code for inciting a riot and disorderly conduct.
Case Status: The officer filed his suit in DC District Court on January 4, 2022.
Eric Swalwell Incitement Suit For Jan 6 Riots
Swalwell v. Trump, No. 21-cv-00586
Plaintiff: Representative Eric Swalwell
Case Summary: On Mar. 5, 2021, Representative Eric Swalwell sued Donald Trump and several associates in DC federal court over the Jan. 6 riots. Much like Representative Bennie Thompsons related suit, Swalwell alleges that Trump and his co-defendantsDonald Trump Jr., Representative Mo Brooks , and Rudy Giulianiviolated the Ku Klux Klan Act by conspiring to interfere with the Electoral College count on Jan. 6.
Swalwells suit also goes one step further: it claims that the defendants should be held civilly liable for negligence because they committed criminal incitement under DCs local code, which establishes the standard of care. Notably, Swalwell says that Trump violated the same DC code§22-1321that DC AG Karl Racine is apparently focusing on in his own criminal investigation into Trumps conduct.
Beyond the civil rights and incitement counts, Swalwell also claims that the defendants are liable for encouraging the rioters violent conduct and for intentionally inflicting emotional distress on members of Congress in connection with the attack on the Capitol.
Case Status: Swalwell filed his complaint on Mar. 5, 2021.
Update-5: Judge Mehtawho is also presiding over the Bass and Blassingame 1/6 suitsscheduled a combined oral argument for Jan. 10, 2022, for all three cases.
Update-7: On Mar. 18, 2022, Trump appealed the district courts ruling to the D.C. Circuit.
Trump Tower Assault Suit
Galicia v. Trump, No. 24973/2015
Plaintiff: A group of six protesters
Case Summary: On Sept. 3, 2015, the plaintiffs were demonstrating on the sidewalk outside Trump Tower in Manhattan. According to the plaintiffswho self-identify as of Mexican originthey were protesting the inflammatory anti-Mexican statements that Trump made during 2015 campaign events. Soon after the plaintiffs arrived, Trump Tower security guards allegedly attacked them and destroyed their protest signs.
That same month, the plaintiffs sued Trump, the Trump Organization, Trumps campaign, Trumps head bodyguard, and the alleged attackers in New York state court. The plaintiffs allege that Trump and his co-defendants are liable for assault and battery, conversion and destruction of property, and tortious interference with political speech. To tie Trump to his guards conduct, the plaintiffs allege that Trump was careless in hiring and supervising his security detail and, separately, that Trump should be held vicariously liablea type of secondary liability often used to hold employers to account for their employees harmful actions. To prevail against Trump on this vicarious liability theory, the plaintiffs would need to show that the guards were acting as Trumps employees or agents at the time and attacked the plaintiffs to advance Trumps interests in some way.
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‘contesting The 2020 Election’
What’s Trump’s key legacy?
Contesting a very constitutionally and numerically clear election victory by Joe Biden.
We’ve had plenty of really unpleasant transitions. Herbert Hoover was incredibly unpleasant about his loss, but he still rode in that car down Pennsylvania Avenue at inauguration. He didn’t talk to Franklin Roosevelt the whole time, but there still was a peaceful transfer of power.
Trump is a manifestation of political forces that have been in motion for a half century or more. A culmination of what was not only going on in the Republican party, but also the Democratic party and more broadly in American politics – a kind of disillusionment with government and institutions and expertise.
What else stands out to you?
Trump is exceptional in many ways, but one of the things that really makes him stand out is that he is one of the rare presidents who was elected without having held any elected office before.
Trump may go away, but there is this great frustration with the establishment, broadly defined. When you feel powerless, you vote for someone who’s promising to do everything differently and Trump indeed did that.
A presidency is also made by the people that the president appoints, and a great deal of experienced Republican hands were not invited to join the administration the first go round.
Delay Is Trumps Friend
The best thing that Trump can probably hope for at the moment is that the search warrant was primarily a mechanism to recover records the government thought it was entitled to and isnt much of an indication of whether he or anyone else will face criminal charges.
Several former top DOJ officials have offered a similar take. But a lot remains unknown.
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Donald Trumps Odds Of Going To Prison Just Skyrocketed
Three years after it began its criminal investigation of Donald Trumps Trump Organization and its executives, the Manhattan District Attorneys Office is reportedly expected to charge the ex-presidents company and its chief financial officer, Allen Weisselberg, with tax-related crimes on Thursday, according TheWall Street Journal. Obviously this marks a major escalation of the probe, and Trump will presumably respond to the news by lashing out like a man increasingly concerned that prison may be in his future.
According to the Journal, Weisselberg and the company are expected to be hit with charges related to allegedly avoiding paying taxes on fringe benefits. For months Cyrus Vance Jr.s office has been investigating whether the perks the CFO was awarded, including cars, corporate apartments, and private school tuition, were a way of evading money owed to the IRS. In addition to reportedly obtaining Weisselbergs personal tax returns, the D.A.s office scored a trove of financial documents from his ex-daughter-in-law, Jennifer Weisselberg, whose former husband, Barry Weisselberg, is also a longtime employee of the company.
Meanwhile, per the Journal:
As Weisselbergs ex-daughter-in-law told Air Mail in April, Trump doesnt care about Allen, but Allen knows every bad thing he ever did.
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Karen Bass Et Al Incitement Suit For Jan 6 Capitol Attack
Thompson v. Trump, No. 21-cv-00400
Plaintiff: Rep. Karen R. Bass, Rep. Stephen I. Cohen, Rep. Veronica Escobar, Rep. Pramila Jayapal, Rep. Henry C. Johnson, Jr., Rep. Marcia C. Kaptur, Rep. Barbara J. Lee, Rep. Jerrold Nadler, Rep. Maxine Waters, and Rep. Bonnie M. Watson Coleman, represented by the NAACP
Case Summary: On Feb. 16, 2021, Mississippi Congressman Bennie Thompson sued former President Trump and Rudy Giuliani along with two right-wing militia groups known as the Proud Boys and the Oath Keepers, for violating the Ku Klux Klan Act of 1871, 42 U.S.C. § 1985. In the complaint, Thompson alleges that Trump violated the Ku Klux Klan Act by inciting the rioters with the intent to prevent Members of Congress from discharging their official duties of the timely approval of the Electoral College vote. He argues that after Trumps loss in the November 2020 election, the then-President set out on a campaign to mobilize his supporters, culminating in the Jan. 6, 2021 attack on the Capitol. It portrays Trumps rhetoric on the morning of Jan. 6 as a call to arms and as intended to prevent the certification of the election.
The Act was passed in 1871 in response to violence and intimidation by the KKK intended to stop Black people from voting. The legislation allows Members of Congress to sue individuals who conspire to violently molest, interrupt, hinder, or impede the discharge of a public officials duties.
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Has Donald Trump Been To New York Since Ending His Presidency
On March 9, 2021, Trump was seen at his first trip to New York City since exiting the White House.
Trump was seen leaving Trump Tower in Manhattan in the afternoon after spending two days to look under the hood of his family company that is under investigation by state prosecutors, The Daily Mail reported.
The 45th president had arrived at Trump Tower the night of March 7, with Security Service and New York Police Department personnel and was not spotted again until he departed on Tuesday, March 9, 2021.
On March 9, 2021, Secret Service and NYPD vehicles parked around the building as Trump waved to fans that gathered near his car.
Trumps son Donald Trump Jr trailed his father and got into another vehicle in the motorcade.
A source told the New York Daily News that Trump wanted to re-familiarize with the Trump Organization and his various business interests since returning to civilian life.
The source told the newspaper: “Hes quite curious about his businesses and his employees, his organization, and is eager to look under the hood.
“Hes not entirely sure of the role he will play, but he misses it, for sure.”
Manhattan district attorney Cyrus Vance and New York state attorney general Letitia James have active investigations into Trumps business dealings and recently issues subpoenas for the former President and his two children, Ivanka and Don Jr.
Just How Much Evidence Does The Fbi Have Against Trump
Trumps statement confirming that the search occurred is written with typical Trumpian bluster. He claims that such a raid can only happen in broken, Third-World Countries, and asks what is the difference between this and Watergate?
To answer Trumps question, the difference between this FBI raid and Watergate is that the Watergate break-in was an illegal burglary committed by five individuals tied to then-President Richard Nixons reelection campaign. When the FBI obtains and executes a search warrant, by contrast, it must comply with a laundry list of requirements laid out in the Constitution.
The Fourth Amendment provides that no search warrant may issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. According to Blacks Law Dictionary, probable cause exists when law enforcement has a reasonable ground to suspect that … a place contains specific items connected with a crime.
Although law enforcement may obtain a search warrant based on less than evidence that would justify a conviction, the probable cause requirement means that federal agents may not simply search a home based on a hunch, a vendetta, or a quizzical plan to boost Nixons 1972 presidential campaign.
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E Jean Carroll Defamation Suit
Carroll v. Trump, No. 20-cv-07311, 2020 WL 6277814 , appeal docketed, No. 20-03977
Plaintiff: E. Jean Carroll, a journalist and advice columnist
Case Summary: In 2019, Carroll publicly accused then-President Trump of sexually assaulting her in a New York City department store in the 1990s. A few hours later, Trump denied Carrolls allegation and accused her of fabricating the story to drum up publicity for her upcoming book. Carroll then sued Trump for defamation in New York state court, alleging that Trump defamed her when he publicly accused her of falsifying the assault story.
After nearly a year of state court proceedingsand with Carrolls counsel angling to sample Trumps DNA for comparison with Carrolls dress from the alleged assaultthe Justice Department moved to intervene on Trumps behalf under the Federal Tort Claims Act . This move threatened to quash the suit. In effect, the FTCA provides blanket immunity to federal employees who commit certain tortsincluding defamationarising out of their official duties. According to the DOJ, the presidents official duties include speaking to the press about public matterswhich would mean that Trump had immunity from any defamatory statements he made about Carroll.
Case Status: In the SDNY proceedings, the parties filed opposing memoranda on Trumps motion to stay in December 2020.
Update-1: Carroll filed her brief on Apr. 16, 2021, urging the appeals court to uphold the decision below.
Donald Trump Jr Offers Wildest Defense Yet Of His Dad Over Mar
Senior Reporter, HuffPost
Donald Trump Jr. now claims it would probably be a good thing if his father, a private citizen living at a resort in Florida, was still holding on to the nuclear codes.
Our enemies might actually be like, OK, maybe lets not mess with them, unlike when they look at Joe Biden and they say, You know what? We should attack now.
“If Donald Trump actually still had the nuclear codes, it’d probably be good.” Donald Trump Jr. with the latest Republican defense of Trump keeping classified documents at Mar-a-Lago
Donald Trump and his allies have produced a rotation of sometimes-contradictory excuses since the FBI searched the former presidents Mar-a-Lago residence on Aug. 8 and removed boxes of documents, some of which reportedly included classified materials.
The search warrant revealed the FBI was investigating Trump for a potential violation of the Espionage Act.
In the wake of the search, Trump baselessly accused to FBI of planting evidence at his home and called reports he may have had documents pertaining to nuclear weapons a hoax.
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What Did Trump Say About The Covid Vaccines
After President Joe Biden announced his administration would order another 100 million doses of the Johnson & Johnson vaccine, Trump responded seeking credit for the swift rollout.
The ex-president said in a statement released by his office on March 10: “I hope everyone remembers when theyre getting the COVID-19 Vaccine, that if I wasnt President, you wouldnt be getting that beautiful shot for 5 years, at best.
“And probably wouldnt be getting it at all.
I hope everyone remembers!”
Moderna received funding for design and testing under Trumps Operation Warp Speed, while Pfizer had an advance-purchase agreement.
J& J, which was authorized for use after Biden took office, also had a pre-existing federal production deal made under the Trump administration.
Presidential Campaign And 2011 Hints At Presidential Run
In 2000, Trump ran in the California and Michigan primaries for nomination as the Reform Party candidate for the 2000 United States presidential election but withdrew from the race in February 2000. A July 1999 poll matching him against likely Republican nominee George W. Bush and likely Democratic nominee Al Gore showed Trump with seven percent support.
In 2011, Trump speculated about running against President Barack Obama in the 2012 election, making his first speaking appearance at the Conservative Political Action Conference in February 2011 and giving speeches in early primary states. In May 2011, he announced he would not run, and he endorsed Mitt Romney in February 2012. Trump’s presidential ambitions were generally not taken seriously at the time.
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Pence In Iowa: Wont Prejudge Trumps Mar
Elsewhere, Trumps attorneys argued that the more than two dozen boxes of documents seized in the raid were presumptively covered by executive privilege.
This matter has captured the attention of the American public. Merely adequate safeguards are not acceptable when the matter at hand involves not only the constitutional rights of President Trump, but also the presumption of executive privilege, the filing said.
Trumps complaint claims there was no reason for the FBI to raid Mar-a-Lago because the former president had already been cooperating for month as the feds scrutinized the presence of classified documents at his Florida home.
According to his complaint, the raid came two months after Trump and his attorneys voluntarily cooperated with a May 11 grand jury subpoena to turn over additional documents.
Trump invited the FBI to come to Mar-a-Lago to retrieve the documents June 3 and even greeted the agents in the dining room, the filing said. The FBI officials were then shown the basement storage room where boxes of documents and other memorabilia from Trumps four years in the White House were kept.
The document claimed that after seeing the room, one FBI agent told the Trump team: Thank you. You did not need to show us the storage room, but we appreciate it. Now it all makes sense.
The same day, Garland announced he had requested the unsealing of the search warrant and the list of what was taken.
Donald Trumps Odds Of Staying Out Of Prison Are Rapidly Dwindling
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The last time we checked in on the legal comings and goings of Donald Trump, things were not looking so hot for the former president of the United States. In addition to being the defendant in no fewer than 29 lawsuits, per The Washington Post, he was the subject of numerous criminal investigations, including one in which attorneys had obtained access to his tax returnsdocuments that for some reason he spent the last four years fighting tooth and nail to keep secret. Now, two and half months after leaving the White House, have Trumps legal fortunes miraculously improved? In a word, no. In three words, hell fuck no. In 19 words, the 45th president of the United States should probably just resign himself to the prospect of going to prison.
Per the Times:
In addition to the developments in the Manhattan D.A.s criminal probe, Trump was also sued on Tuesday by two Capitol Police officers who battled the angry mob he sicced on the Capitol building and are demanding damages for the physical and emotional injuries they suffered during the attack. In the federal lawsuit, officers James Blassingame and Sidney Hembyclaim that for months Trump whipped his supporters into a frenzy over baseless election claims which culminated in the insurrection that left five people dead.
Per TheWashington Post:
Per TheWall Street Journal:
Weird, we know!
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