U.S. federal District Judge David Hale, whose court is in Kentucky, wrote a decision on Friday 3/31 that it is plausible that d.j[ackass] “intended for audience members to act on his words” when he yelled that protesters be kicked out of a campaign rally in Louisville Kentucky in March of 2016. Hale noted that "[i]t is plausible that Trump’s direction to ‘get 'em out of here’ advocated the use of force...it was an order, an instruction, a command.” The ruling was a response to a request by trump's attorneys to dismiss a lawsuit 'alleging' that trump incited violence.
Kashiya Nwanguma, Molly Shah, and Henry Brousseau have filed the suit alleging that little lord trumpy boy yelled “Get ‘em out of here” and they were immediately set upon by members of the crowd, including a white supremacist.
http://www.nydailynews.com/news/politics/federal-judge-lawsuit-trump-rally-violence-article-1.3016562
I gotta tell ya, if it were me, I would not settle out of court. I would take the risk with a jury. I would nail trump to the proverbial plank and make foie gras out of him. By the way, for those of you that don't understand this reference; the way to make goose liver pate' (foie gras) is to nail the feet of the goose to a plank and force feed the goose to enlarge it's liver to an abnormal size.
The risk involved with going to trial is the jury. It will be difficult for the plaintiffs or the defendant to find impartial jury members. It's obvious that, for the most part, all American's know trump and have an opinion about him, one way or the other. But again, I would take the risk. For me it would not be about the money (although it couldn't hurt, he said in an Eastern European accent). For me it would be about holding trump's feet to the fire, and I believe that win or loose, d.j[ackass] will look like crap.
Furthermore, win or lose, I would also petition the Louisville Distract Attorney (D.A.) to file criminal charges against trump based on Kentucky Criminal code statute:
525.040 Inciting to riot. (1) A person is guilty of inciting to riot when he incites or urges five (5) or more persons to create or engage in a riot. (2) Inciting to riot is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 214, effective January 1, 1975.
http://www.lrc.ky.gov/statutes/statute.aspx?id=19922
Well he certainly incited more than five persons. There are two other Kentucky statutes that apply and I would urge the D.A. to file charges using all applicable statutes.
- Kentucky Revised Statute section 525.055: First-Degree Disorderly Conduct- First-degree disorderly conduct is committed in Kentucky when the following four elements are all present (I will only list the one that applies along with two of its clauses):
- Engaging in any of the following acts in a public place with the intent to cause public inconvenience, annoyance, or alarm:
- Fighting, or acting in a violent, tumultuous, or threatening way
- Creating a hazardous or physically offensive condition without any legitimate purpose
- Engaging in fighting, or violent, tumultuous, or threatening behavior,
- Creating a hazardous or physically offensive condition without any legitimate purpose
http://statelaws.findlaw.com/kentucky-law/kentucky-disorderly-conduct-laws.html
Anyone that watches the videos of this incident can easily and clearly experience the anger exuded by trump. Communication is more than words. In fact many studies have shown that facial cues, body language, tone of voice and the decibel level of a person's voice communicate much more than the words used.
The incident at the Louisville rally occurred on 3/1/16, but shortly after, there was more violence at other trump rallies. It occurred again at a rally in Fayetteville, North Carolina on 3/9/16. The perpetrator was a man by the name of John Mcgraw. After the incident, trump was asked if he was going to keep a previously made promise that he would pay the legal fees of people who would "knock the crap out of [protesters]." His response was, “I’ve actually instructed my people to look into it, yes.”
https://www.nytimes.com/politics/first-draft/2016/03/13/donald-trump-says-he-may-pay-legal-fees-of-accused-attacker/
To be clear, trump made this promise a a rally in Cedar Rapids, Iowa on 2/1/16, as follows:
“If you see somebody getting ready to throw a tomato, knock the crap out of them, would you? Seriously,” Trump said. “Just knock the hell — I promise you, I will pay for the legal fees. I promise. I promise.”https://www.nytimes.com/politics/first-draft/2016/03/13/donald-trump-says-he-may-pay-legal-fees-of-accused-attacker/
To be clear, trump made this promise a a rally in Cedar Rapids, Iowa on 2/1/16, as follows:
So, the door has been opened by Justice hale to sue trump in a civil suit that has been brought by three victims. The statutes exist in Kentucky to prosecute trump on criminal charges in Kentucky as well. The evidence of his behavior, mindset and intent are abundant and clear. I look forward to watching this theater play out.
No comments:
Post a Comment