Trump, Giuliani urge judge to throw out Democrats' Capitol riot lawsuit

[Yo_Mama_Been_Loggin]

WASHINGTON — Former President Donald Trump and his onetime personal lawyer, Rudy Giuliani, urged a federal judge late Wednesday to dismiss a lawsuit against them filed by Rep. Bennie Thompson and 10 other House Democrats over the Capitol riot.

The former president said he was acting in his official capacity in urging Congress not to declare Joe Biden the winner of last year's election, that he did not incite people at the rally to violence prior to the attack on the Capitol, and that his statements at the rally were protected expression under the First Amendment. Trump's arguments mirrored those he offered two days ago in response to a separate lawsuit over the riot filed by Rep. Eric Swalwell, D-Calif.

Trump has absolute immunity from civil lawsuits over his official actions while in office, his lawyer said, so he was free as president to advocate for Congress to take action favorable to him in counting the electoral vote, just as he was free to push Congress to pass bills he supported.

The lawsuit from Thompson, D-Miss., and other Democrats said that by repeatedly claiming the election was stolen, Trump and Giuliani mobilized supporters and supported armed protest, rejecting pleas to cool down the rhetoric. At the rally near the White House on Jan. 6, the two "began stoking the crowd's anger and urging them to take action to forcibly seize control of the process for counting and approving the Electoral College ballots," the filing said.

https://www.yahoo.com/news/trump-giuliani-urge-judge-throw-153946728.html

[abqtommy]

1. I'd sure like to see Former Fascist Guy's claim to "absolute immunity" play out in court.

[PurgedVoter]

2. By encoraging congress to not declare Joe Biden the winner, Trump was going against the Constitution

The procedure Trump was demanding was not Freedom of Speech. It was instruction to violate the constitution.
When a commanding officer in the military orders soldiers to shoot civilians, he cannot call it freedom of speech. It was an order to shoot civilians. When a boss orders you to shred records, it is not protected speech. It is an order to shred documents. Trumps urging congress to ignore the constitution was a criminal act all by itself and makes him a forsworn enemy of the constitution he pledged to uphold.

The electoral college voted and the job was to count the vote. The instructions are clear. As many issue as you may have with the procedures, the constitution makes the winner of the electoral vote president and the counting of that vote is a procedure described by the constitution.

I would argue that Bush got his electoral votes because of a partisan theft of the election by the Supreme Court. Sadly though, the moment the electoral vote was finished, Bush was going to be legally president so despite gaining the office by illegitimate means, we had to respect that he was president.

The majority of Republicans have no respect for the rule of law.

[zipplewrath]

3. Unfortunately

He's probably correct.

The former president said he was acting in his official capacity in urging Congress not to declare Joe Biden the winner of last year's election, that he did not incite people at the rally to violence prior to the attack on the Capitol, and that his statements at the rally were protected expression under the First Amendment. Trump's arguments mirrored those he offered two days ago in response to a separate lawsuit over the riot filed by Rep. Eric Swalwell, D-Calif.

Trump has absolute immunity from civil lawsuits over his official actions while in office, his lawyer said, so he was free as president to advocate for Congress to take action favorable to him in counting the electoral vote, just as he was free to push Congress to pass bills he supported.

We want to be careful about criminalizing speech that we don't like by public officials. "Inciting" needs to be vary narrowly defined. He came really close to the line. I think that if we can find the specifics of what he said to be criminal, fine. But it was the crowd that was already primed to do what they did that really caused what happened, Trump just left the door open.

[Doodley]

5. FFS Even McConnell agreed that Trump incited what has happened.

"There's no question, none, that President Trump is practically and morally responsible for provoking the events of the day."

As for them being primed, nobody primed them more than Trump. Anyone would have to be blind not to see that.

[zipplewrath]

7. I agree

I just think we need to be very careful to make a very direct case for point to point connection as opposed to like minded people acting of their own accord. I'd love it if someone could find the "tweet" of Trump's that was responded by a "proud boy" or other participant indicating that they were going to act upon the implication of the tweet.

[malaise]

6. What official capacity? n/t