Judge to Trump “you can’t walk that back.. two hour delay” what do the 3 lawsuits have in common? Whispers there’s a 4th lawsuit too.
Setting aside, the factDonald Trump as a Defendant but one thing you are possibly overlooking KKK Act. Meaning the law and it’s intended purpose. To secure voters rights to a Free and Fair Elections
Brief Open Letter to the mainstream media…
…every time you incorrectly refer to Jan 6, 2021 and the participants as “rioters”, or that Jan6th; “it was a small group” or any other dozen “labels” —and I’ll keep saying this with the hopes that my current readers will properly tweet the following:
Jan6th was a deadly domestic terror attack.
…every time a mainstream media outlet (excluding Fox “news” and OANN and/or NewMax) incorrectly
The The Ku Klux Klan Act of 1871
The intent of this law was to protect the civil rights of the newly freed four million slaves. The KKK Act 42 U.S. Code §1985 - Conspiracy to interfere with civil rights, which reads in part:
“…to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof . . . .”
A straight forward reading of the text in the KU KLUX KLAN ACT 42 U.S.C. § 1985(1) frankly renders my verbosity and opinion moot. Because the statute is clear, like crystal clear - zero ambiguity and I don’t need to add any additional spicy snark. However you might benefit from reading this US House of Representatives “historical background of the KKK Act of 1871 It is a pretty easy read and if my seven & thirteen year old can understand it, I’m going to assume so can you (insert wink emoji) -the subtext here is Trump wanted to dispatch these three civil lawsuit in its infancy BUT I don’t think he can because the KKK Act had the conspiracy element and that requires a fully developed judicial record. It’s possible I’m incorrect but I don’t think I am. I have dozens of cases (case law) on my side whereas Trump has nothing but rage & regret and his argument reflect that…
However to further help you understand what is central to the Plaintiffs argument and Trump’s counter argument -I’d recommend you watch this very short video - in short the Plaintiffs pre textual argument is Trump et al engaged in a Conspiracy to prevent lawmakers (in both chambers of Congress) to fulfill their Constitutional Mandate to certify the Electoral College ballots…
US Capitol Police Officers sue Donald Trump et al…
See April 2021 article of Two US Capitol Police suing Donald J Trump as a result on the deadly January 6, 2021 deadly domestic terror attack (apologies for the lack of update) sometimes I do
Congress (Bennie Thompson moved to ) but Rep Swawell’s complaint moved forward
Again once H.Res 503 was voted on, this created the House Select Committee on Jan6th and shortly thereafter Speaker Pelosi appointed Rep Bennie Thompson as the (co) Chair of the House Select Committee, Rep Thompson moved to voluntarily dismiss his February 2021 complaint. Given that there could be an appearance of “conflict of interest” it was a very prudent move by Rep/Chairman Thompson. Notwithstanding as the subtitle indicates Rep Swalwell’s March 2021 complaint moved forward
Jan 9, 2022 Defendant Henry Tarrio filed
MOTION TO SET ASIDE ENTRY OF DEFAULT (DDC-ECF Link), or
you can down load the three page filing via my Scribd Account, direct link found here.
But and yes this is a big but -like many of you -I’ve openly asked “Proud Boy Roll Call” you guys scared that Henry (read more here, here, here, here but you really should read this article to refresh previous facts as it relates to “Oh Henry” because in August 2021 I walked my readers through the docket and explicitly highlighted (figuratively and literally) his DC Superior Court Case(s).
Oh Henry how’s the 5 month sentence going?
Again if you take the time to read the docket, then you can actually obtain a large set and subset of facts. For Example; Defendant Tarrio’s January 9, 2022 Motion -there are a few important facts filed in this motion. Note what I’ve redlined and highlighted… it’s important but should you ignore the highlights/redline then you do so at peril of facts cutting through the cacophony of screaming Blue-QANON and regular QANON… but it’s the following paragraph on page 2 of Tarrio’s motion -
…December 2020 until December 2021, Tarrio had no legal representation in connection with any January 6-related matters in which he has been a defendant except for his criminal defense counsel in the District of Columbia Superior Court prosecution which resulted in his current incarceration. In December of 2021, Tarrio began engaging the undersigned and his firm to represent him in various January 6-related matters in the District of Columbia. The undersigned entered his appearance in this action for Tarrio in his personal capacity on December 20.
As previously explained in Defendant Tarrio’s Motion, on one hand he’s now stating that he has “no recollection of being served” because “he’s being sued by a lot of people and/or entities” and that is his excuse as to why he failed to answer the April 2021 Complaint. Which is about the weakest argument you can make post default
On September 22, 2021 Defendant Tarrio returned to DC
He had previously brokered a deal with the then “acting” US Attorney Phillips that resulted in Tarrio admitting guilt.
A DC Superior Court Judge sentenced Tarrio to five months in DC Jail.
That Sentence includes his stealing and burning of a BLM flag and the weapons charge (high capacity ammunition’s cartridge)
Defendant Tarrio is scheduled to be release from DC Jail on January 21, 2022
January 10, 2022 Five Hour long oral arguments…
In some respects most might not understand the variant levels of “judicial review” in non-legalese the various “review” levels are largely settled law. Of course there are (rate) exceptions. But this is important because Trump (and the other Defendants) largely filed their Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) -again always and I mean always know your local rules, because they can vary from Federal District Court; since the three lawsuits were filed in DDC;
Under the Standard Review and in concert with Federal Rule of Civil Procedure 12(b)(6) a defendant can move to have the lawsuit dismissed in its “infancy” —meaning because litigation can be a very protracted endeavor, a Defendant can file a Motion to Dismiss. Largely predicated on the Defendant(s) arguing that the Plaintiffs “failed to state a claim” and/or the initial complaint has facially deficiencies and therefore in the interest of “judicial economy” a Federal District Judge can grant a Defendant’s Motion to Dismiss prior to developing a full record.
Donald Trump tired & trite arguments
In order to help break down Trump’s predictable arguments I’m going to break them down into subcategories and when applicable I’ll provide you with the prerequisite case law.
Trump Argument “absolute immunity”
The inanity of it all. No really. Today’s Oral Arguments were beyond inane. It was like Groundhog Day. Oddly Trump reminds me of another narcissist sociopath that briefly I (albeit) briefly allowed in to my life. Meaning it doesn’t matter to Trump how many times he (or for that matter) his misfit band of quasi decent attorneys continue to use the “absolute immunity” argument. And once again during the Jan10th oral arguments they sought to regurgitate previously rejected arguments. Accordingly Federal District Judge Amit Mehta, appears to have serious doubts about Trump’s “absolute immunity” claim, questioning & stating in part:
“The words are hard to walk back….You have an almost two-hour window where the President does not say, 'Stop, get out of the Capitol. This is not what I wanted you to do…. What do I do about the fact the President didn't denounce the conduct immediately ... and sent a tweet that arguably exacerbated things?… "Isn't that, from a plausibility standpoint, that the President plausibly agreed with the conduct of the people inside the Capitol that day?"
Trump’s first amendment argument…
One thing to keep in mind -Judge Mehta appears to be unpersuaded by Trump’s absolute immunity and first amendment arguments. Largely because these arguments never actually explained -if Trump truly believed he did not intend for his supporters to attack the Capitol. Moreover SCOTUS has long held (and its established) rhetoric that incites violence is not afforded the 1st Amendment protection (see February 2021 impeachment where I drilled down on the case law)
Hours long delay in his milquetoast video message (of which there are at least half a dozen “takes” because Trump couldn’t muster the courage of calling off the same Domestic Terrorist he radicalized)
Never once did Trump repudiate the actions of his supporters, or at the bare minimum tell his supporters to “stand down and stand by”
Incidentally I don’t know if you actually caught Judge Mehta’s drilling down on NAACP v. Claiborne Hardware Co -because from my standpoint, my general assessment is the Court attempted to once again draw a clear distinction from “protected speech” versus “speech that incites violence” but again I also think that is par for course for Trump. Lest we forget “both sides” no Donald Trump can’t argue both sides here. There is a direct nexus of his words, his lies, his overt directions to his supporters…
The emotionally charged rhetoric of Charles Evers’ speeches did not transcend the bounds of protected speech set forth in Brandenburg. The lengthy addresses generally contained an impassioned plea for black citizens to unify, to support and respect each other, and to realize the political and economic power available to them. In the course of those pleas, strong language was used. If that language had been followed by acts of violence, a substantial question would be presented whether Evers could be held liable for the consequences of that unlawful conduct.”
Lastly I do think that Trump’s legal team attempting to uncouple his heated rhetoric, from what thousands of his supporters did isn’t at all unexpected. It’s the inanity of regurgitating argument that have very little case law to support it, but again Trump is undeterred. It seems absolutely incomprehensible to me that Trump could argue to the Court(s) that he bare.
I highly recommend you watch this CNN segment because the questions posed and arguments heard - understand this will likely have impacts on criminal liability because the Judge’s question that Trump failed to immediate intercede and to tell his supporters to “stand down” is incredibly problematic. One issue from a criminal standpoint is both Trump’s state of mind and the actions he did and did not do. This is known as:
mens rea actus reus👇🏻
Fourth Case KIRKLAND v. TRUMP (1:22-cv-00034)
On January 6, 2022 US Capitol Police Officer Briana Kirkland filed suit (See DDC-ECF) or see Complaint via DDC-ECF - I now refer you to paragraphs 9 & 10 specifically paragraph 10 which states the following factual allegations:
The insurrectionists were spurred on by Trump’s conduct over many months in getting his followers to believe his false allegation that he was about to be forced out of the White House because of massive election fraud by his campaign opponent Joe Biden, and that the convening of Congress on January 6 to count the Electoral College results and declare the winner was their last chance to “stop the steal.”
Moving on to pages 3 and 4 of Officer Kirkland’s January 6, 2022 Complaint here the Plaintiffs is established a factual foundation and presenting a direct link between Trump’s deadly rhetoric and how his supporters took violent action to “serve their president” which in of itself is deeply problematic, mainly for Trump. Again it is unclear to me why this complaint hasn’t largely been discuses because there’s a LOT of NEW facts that were not included in the other three complaints as well as other previously know facts. For Example:
…Trump’s stoking of violence by his followers accelerated during the 2020 presidential campaign…
…At various moments during his 2016 campaign, and throughout his presidency, Trump espoused rhetoric that encouraged violence and glorified acts of violence by his followers, including white supremacists and far right-wing hate groups.
In an effort to further buttress US Capitol Police Officer Briana Kirkland’s solid arguments that Trump has a long and well documented pattern of endorsing violence you might want to watch this “NOW THIS NEWs” super cute video which chronicles Trump’s dangerous rhetoric going all the way back to the run up to the 2016 General Election:
…incite his followers, were issued in Trump’s personal capacity as a candidate for elected office…
Moreover in paragraph 20 of the Plaintiff complaint, they rightly to point to an October 2020 event where Trump supporters engaged in a protracted vehicular terror “ride” via the Trump Train
Twitter apparently just as complicit as Facebook
As alleged in the January 6, 2022 Complaint - I now refer you to pages 12 thru 16 - I mean I got suspended from Twitter because I tended to be unwavering in my ongoing WTFING is going on but apparently Twitter is…
…because one would think a cursory search of this particular disinformation and dangerous account would have made a much bigger splash or at the minimum would have been included in various Affidavits, Criminal Complaints and/or Indictments. And yes of course I already ran a search and the only case that prefers the @1st_praetorian twitter account. Although I would like to also draw your attention to paragraphs 42 thru 48 -more specifically paragraphs 45 & 46…
With respect to Twitter’s refusal to suspended the 1st Amendment Praetorian account. Below are a few examples. Look at the time date stamp of this January 6, 2021 Tweet 👇🏻
If you think I’m being too harsh. I regret to inform you, I’m just getting warmed up. Because it is unconscionable that Twitter hasn’t suspended this account, which has spent the entirety of 2021 glorifying violence, making threats, tweeting disinformation about the election, COVID-19 but oddly the odd fixation of Ukraine, NATO, America & Russia —well again I’m not a disinformation hunter or expert but everything about this account screams dangerous… in the event Twitter finally suspends this account, I’ve taken the liberty of preserving the full account archive.
Allow me to show you the various threats of violence and threats of future violence. Again you can make your own conclusions but I’m unapologetic when I say that Twitter is equally complicit as other social media companies that allow their platform to be used to make threats, spread disinformation and in general tweet thoughts incompatible with our form of Self Governance - because clearly this Accounf
And then if that doesn’t convince you - well how about we “follow the money” again I’m by no means a disinformation hunter. This particular account’s archive because once you start looking at the account’s history there are three primary narratives being amplified:
Trump didn’t lose, of course he did
Russia’s issue with NATO and Ukraine is “unfair”
COVID-19 “masks and vaccines” are about “government control”
I want you to also remember these names because you betcha the House Select Committee on Jan6th should have a very long transcribed interview:
Robert Patrick Lewis,
Follow the money https://t.co/JUY7EOJtce
1st Amendment Praetorian ← provided extra security on Jan 5th and 6th 2021, respectively
Lewis & his dangerous Militia were also present at the Willard Hotel
Again you can read Plaintiff US Capitol Police Officer Briana Kirkland’s January 6, 2022 complaint via DDC-ECF or via my Scribd Link however I’d like to close this article by referring you to paragraph 58 - read it -this is what happened to this US Capitol Police Officer -she suffered a traumatic brain injury because Donald Trump told his supporters: what to be mad about, who to be mad with and where his supporters can find them. His supporters nearly killed this US Capitol Police Officers and the fact that (to date) the Department of Justice has not indicted Trump et al —yes I’m willing to be patient but this now marks the FOURTH civil lawsuit to address the obvious criminal behavior of Trump, his White House Advisors, Trump’s Re-Election Campaign
For now we have to wait and see how the court will rule after yesterdays five hour long oral arguments. It is incompressible that Trump has not been criminally charged. Eight Americans lost their lives and their deaths should not be the last word in America’s very dark chapter also known as the Trump presidency… prove me wrong and I’ll retract everything thing in this article (spoiler you can’t because these are the facts)
And lastly there’s your daily dose of salt water therapy —I really do have to find a better way to deal with my insomnia and lunch break because writing and editing articles (of which I’m not compensated for) is start to grow into a cumbersome commitment. But until I find a better outlet you’re stuck with me and my files.
Re:
"It is incomprehensible that Trump has not been criminally charged," and "writing and editing articles (of which I’m not compensated for) is start to grow into a cumbersome commitment"
I am sincerely hoping that you will be able to suspend your massive, taxing burden within 6 months, not only for you, but also for us, because it will mean that truth and justice (and fucking equality/fairness) has caused shit to finally and fully hit the gigantic fan, spewing its details over all who deserve reckoning
I cannot imagine the energy (redbull) it takes to accomplish all you do in one day. I for one will be here if you publish daily, weekly, bi-weekly, monthly...? I'm grateful for every single ounce of effort you put forth to produce and present this information to us. I was a working professional, 12+hour days, juggling little ones, I know how difficult it is, and didn't utilize the massive brain power you show us... It's exhausting, and you can't get that time back. Family is more important than anything in the world...
And as always, if you need a helping hand, I would be honored to assist in any way possible...