Trump Train participants sued - Texas highway collision -City of San Marcos & Police Dept also sued
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Trump the party of violence, lies and abuse
There is widespread agreement that Donald J Trump’s proclivity to not only endorse violence but equally dangerous is his long documented history of inciting others to carry out the violence as an expression of fealty to Trump.
On November 2, 2020 the FBI confirmed that they were investigating the highway incident, according to CNN’s article;
“FBI San Antonio is aware of the incident and investigating," -FBI spokesperson Michelle Lee told CNN.
The CNN article goes on to state:
At one point they slowed the tour bus to roughly 20 mph on Interstate 35, the campaign official said. The vehicles slowed down to try to stop the bus in the middle of the highway. The source said there were nearly 100 vehicles around the campaign bus. Biden staffers were rattled by the event, the source said, though no one was hurt.
Two days before the Texas Highway incident Trump Jr stated the following:
"It'd be great if you guys would all get together, head down to McAllen, and give Kamala Harris a nice Trump Train welcome…Get out there. Have some fun. Enjoy it…Don't forget to vote and to bring all of your friends. Let's show them how strong Texas still is as Trump country. Get out there, guys."
On October 30, 2020 the Biden/Harris bus was swarmed by “the Trump Train”
It is possible that I may have I missed or merely overlooked public reporting —to date I am unaware of any individual or individuals (conspiracy need two or more) that has been arrested or charged. Either by the State of Texas, local municipality or by the Department of Justice. As for the damage SUV, which belonged to an individual closely affiliated with the Biden/Harris Campaign certainly appears to have suffered considerable damaged
Two for the Price of one. Two Federal Lawsuits Filed
Thanks to the very good people over at TXCivilRights.org - and if you can I’m fault certain this advocacy group would greatly appreciate a donation… the 62 page complaint, found here
Plaintiffs:
ERIC CERVINI - former White House Staffer, former long-time Biden aide - I’m purposefully not linking to his social media because I don’t want him to be targeted (further) by Trump Supporters. In short Dr Cervini is a good and decent human being
WENDY DAVIS, (former State Senator, former gubernatorial candidate)
DAVID GINS -Director of Operations Office of Vice President of the United States
TIMOTHY HOLLOWAY - was driving the bus - because of this harrowing highway assault he has been unable to drive a bus.
…all of whom were on the Biden/Harris bus as it was embarking on a multi-day tour in the State of Texas. Notably other jurisdictions in Texas did provide the Biden/Harris bus with a police escort. But once the bus entered into the City of San Marcos and New Braunfels - city officials and police department played the “not our jurisdiction” game…resulting in minimal law enforcement intervention while the Biden/Harris bus was swarmed on I35.
Defendants:
Eliazar Cisneros, Hannah Ceh, Joeylynn Mesaros, Robert Mesaros, Dolores Park, and a Jane and John Doe
When the Trump-Train trashy trucks nearly ran a car driven by an individual associated with the Biden/Harris Campaign - here I actually managed to find a near complete October 2020 Twitter Thread Archive
With respect to Defendants Cisneros et al - remember this is a civil matter but I am vexed that this did not become a criminal matter (sorry for yelling)
Archive of the Facebook “evidence”
While some rush to be the first to report, my standard practice has almost always been; take the time and archive the targets social media accounts. Data scrape and preserve their digital footprint. Because it’s not a matter of if —it is only a matter of when [enter social media platform] suspends that user’s account and regrettably that data is also gone. Below is a fractional amount of archived Facebook post I opted to data scrape:
Norma Inojosa -archived -openly bragging about engaging in reckless vehicular endangerment https://www.facebook.com/655809101/videos/10158131938059102 (which is now gone from Facebook’s platform, archived —Mal America - admitting they shot the video TMZ decided to use - Facebook Post Archived
The Trump Train New Braunfels Facebook Group, was switched to private/secret on or about November 2, 2020. I had joined the group so I could quietly archive the various post, replies, shares etc. It is and was clear from the get-go —the Texas Trump Train used Facebook to coordinate. The Facebook group to then changed the settings to “secret/private” (these are their words, NOT mine) “ambush the Biden/Harris bus - Locked & loaded” with members posting pics of long guns
https://www.facebook.com/groups/252136099143455 <—Facebook appears to have removed the group. Should you be inclined you can click this twunroll link for my Oct/Nov 2020 social media archiving spree. At the time it seemed more importantly to archive the evidence than it did to be “the first to report” so that was my primary goal - archive that evidence before it’s deleted.
The Klu Klux Klan Act…
The language in 42 U.S.C. § 1985(1) 1 2 3is unambiguous. § 1985. Conspiracy to interfere with civil rights (1) Preventing officer from performing duties
If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat… any person from discharging any duties thereof; or to induce by like means any Officer… interrupt, hinder, or impede him in the discharge of his official duties;
Since the deadly January 6th insurrection (while setting aside my personal opinions and sticking to facts) —the construct of Trump et al’s defense is both infuriating and diminishes Trump’s personal responsibility.
The First Amendment does not allow the President of the United States or any other human being a “sweeping and broad immunity” Trump attempted to argue he has magically constitutional power that none of us know about. For the record the prior sentence was not at all snarky— Trump (and his attorneys) foolhardiness argue he didn’t incite a violent mob. Moreover SCOTUS was clear on this- see “Imminent lawless action” Brandenburg v. Ohio, 395 U.S. 444 (1969) - there is one provision in the Klu Klux Klan Act that consistently gets overlooked - § 1986. Action for neglect to prevent - which reads in part
Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent orbaid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented;
For now put a pin in §1986 - I’ll explain how lawsuit #2 heavily relies on this..
Trump spent months priming the Big Lie pump. He had help with a motley crew of equally dubious lawyers and a party so craven or paralyzed by fear of upsetting Trump. The Big Lie was amplified by Fox News, “talent” like Hannity, Carlson, That Trump summoned his mob, using social media like a massive megaphone #wildprotest, whipped his mob up into a frenzy and then told his mob where to go “we will March down to the Capitol…I’ll be with you” —Trump never went with his QANON-MAGA supporters.
As previously mentioned, not one but two lawsuits were filed last week - for the sake of clarity
Lawsuit # 1 Trump Train Texas Attack
Lawsuit # 2 City of San Marcos and Police Dept
Lawsuit # 1 - Trump Train Drivers and Participants
The introduction is pretty self explanatory -meaning the Plaintiffs allege that the Texas Trump Train participants conspired to;
…express purpose of terrorizing and intimidating a group based on that group’s political viewpoints, including their support for a different presidential campaign. The goal of this effort was to intimidate supporters of then Democratic Presidential and Vice Presidential Candidates Joseph R. Biden and Kamala Harris, and to stop those supporters from speaking and acting freely in support of the candidate of their choice in Texas.
Also read paragraph 3 closely - the Plaintiffs directly point to Donald Trump Jr’s video “have some fun” (which was previous embedded at the beginning of this article) -it should be noted that the bus driver has been unable to drive a commercial bus because this incident likely created PTSD for Mr
…October 28 and 29, supporters of the Biden-Harris Campaign were intimidated, harassed, and attacked at multiple stops along the tour. Some of the assailants displayed weapons. Others screamed death threats. And on the morning of October 30, a group of Trump supporters conspired to ambush the Biden-Harris Campaign’s tour bus on a stretch of Interstate 35 (“I-35”) between San Antonio and Austin, Texas.
…morning of October 30, a group of Trump supporters conspired to ambush the Biden-Harris Campaign’s tour bus on a stretch of Interstate 35 (“I-35”) between San Antonio and Austin, Texas.
…Trump Train surrounded the bus and forced it to slow down to a pace of 15-25 miles per hour on an interstate with a speed limit of around 70 miles per hour. They swerved and drove in front of the bus to block its path and abruptly slowed down to a crawl, forcing the approximately 25-ton bus to take evasive maneuvers to avoid a collision
…terrified that someone on the bus, or someone else driving on the interstate, would be injured or killed—fears which were nearly realized when Defendant Cisneros side swiped an accompanying SUV driven by a Biden-Harris Campaign staffer, an act that Defendant Cisneros later described as “slamming that fucker” and “serv[ing] . . . 35 in[ch] tires.”
Lawsuit # 2 City of San Marcos & Police Department
Remember how I said that the Klu Klux Klan Act has a provision that makes it criminal § 1986. Action for neglect to prevent - see paragraphs 2 thru 5 of the 2nd lawsuit;
Plaintiffs found themselves as targets of a conspiracy to ambush the BidenHarris Campaign’s tour bus on a stretch of Interstate 35 (“I-35”) and intimidate them for their work supporting and advocating for a presidential and vice presidential candidate. When they turned to law enforcement to protect them, Plaintiffs were failed by the very officials charged with upholding both their safety and their foundational democratic rights.
…for at least ninety minutes, the Trump Train pursued and terrorized Plaintiffs. Plaintiffs on the bus tried frantically to find help and safety. They called 911 to report the Trump Train’s activities. Fearing for themselves and others on the road, Plaintiffs requested police escorts. Law enforcement departments up and down the I-35 corridor were aware of the existence and dangers of the Trump Train, and several delivered escorts, some prearranged, to accompany the bus safely along stretches of I-35. These escorts provided a temporary reprieve to Plaintiffs from the Trump Train’s most aggressive tactics.
In contrast to the response from other police departments, which provided escorts as requested—thereby deterring some of the Trump Train’s most aggressive and dangerous behavior—certain officers from the San Marcos Police Department said that they would not respond unless the Biden-Harris Campaign was “reporting a crime,” explaining: “we can’t help you.”
Despite being told the bus was driving through San Marcos, and despite the fact that Plaintiffs had already tried calling 911, an officer from the San Marcos City Marshal’s Department made similar excuses, saying: “we don’t know if the bus is in our jurisdiction” and “call 911 if there’s a problem.
Why § 1986. Action for neglect to prevent -matters in Lawsuit #2 - it is a matter of law versus the City of San Marcos and their police department’s willful failure to help the Biden/Harris bus —which was the target of a high stakes “road rage game of chicken” - specifically read paragraph 11 carefully:
Defendants’ failure to act here is unlawful. Congress passed the Ku Klux Klan Act of 1871 (“Klan Act”) to, among other things, prevent groups from conspiring to obstruct free and fair federal elections by intimidating and injuring voters and denying them the ability to engage in political speech. And in Section 6 of the Klan Act, now codified at 42 U.S.C. § 1986, Congress specifically imposed a duty on all Americans to protect targets of political intimidation and violence in federal elections.
For the record this is not some ill conceived money grab - no the law expressly gives the Plaintiffs a remedy. The Defendants -the City of San Marcos and their Police Department—repeatedly neglected and failed to provide aid. The jurisdictional argument by the City and the Police Department is not an acceptable “defense” -the defendants might try their luck with an “affirmative defense” but I do not think that’s going to be acceptable.
Why? Because the City and Police Departments knew (the lawsuit states up to 24 hours in advance) coupled with neighboring jurisdictions providing a police escort —one could surmise the City of San Marcos willful failure to provide a police escort was an intentional act and a violation of 40 U.S.C. §1986
In Lawsuit # 2 Plaintiffs claim;
“As a result of the events of October 30, which escalated in San Marcos without the presence of a police escort, Plaintiffs suffer ongoing psychological and emotional injury.”
The law (40 U.S.C. §1986) is also absolutely clear
…shall be liable to the party injured…
…be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act…
So I sure hope the City of San Marcos, their Police Department and the assailants in the Texas Trump Train are ready because what they subjected the plaintiffs to wasn’t just dangerous - it’s an affront to the First Amendment and I’m not in the habit of encouraging litigation (yes I know that’s ironic) but I certainly hope the Plaintiffs complaints survive the Motion to Dismiss and swiftly enters the discovery phase.
-Filey
trump and Jr incited all of this. I am glad there will be punishment, but I wish it was more than a civil suit. The San Marcos part is very interesting since they allowed an ongoing crime to occur. Simply outrageous!
Glad to read that there's going to be some sort of accountability for this, Mic.