Progress in SWALWELL vs DONALD J. TRUMP, DONALD J. TRUMP JR., MO BROOKS and RUDOLPH GIULIANI (Civil Incitement Suit for Jan. 6 Riots)

submitted by ActuallyNot from (s3.documentcloud.org)

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[–]ActuallyNot[S] 2 insightful - 2 fun2 insightful - 1 fun3 insightful - 2 fun -  (2 children)

The court has denied Mo Brooks' defence that inciting a riot is within the scope of his employment and legal due to the Westfall Act.

It turns out inciting a riot isn't part of the job of a member of the house of reps.

Who knew?

Before the Court is Defendant Mo Brooks’s Petition to Certify Defendant Mo Brooks was Acting Within the Scope of His Office or Employment, ECF No. 20. After full briefing, and careful consideration thereof, the Court concludes Defendant Brooks failed to establish that he was acting within the scope of his office or employment at the time of the incidents out of which Plaintiff’s claims arose. The Court therefore DENIES the Petition.

IT IS SO ORDERED.

[–]Optimus85Independent 3 insightful - 2 fun3 insightful - 1 fun4 insightful - 2 fun -  (1 child)

The Supreme Court recognizes, rightfully, that political speech often involves really passionate, sometimes violent rhetoric. And unless and until it creates a specific and immediate roadmap to violence against others, it cannot be criminalized consistent with our First Amendment.

https://www.talksonlaw.com/briefs/freedom-of-speech-what-constitutes-incitement

[–]ActuallyNot[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

This is one of the three civil cases brought in front of the courts for incitement of the Jan 6 riots.

So, as you point out, the criminal case against trump has a high bar. It may go ahead nonetheless: Federal prosecutor doesn’t rule out charging Trump for inciting Capitol riot.

This suit claims that the defendants should be held civilly liable for negligence because they committed criminal incitement under DC’s local code, which establishes the standard of care.

Beyond the civil rights and incitement counts, Swalwell also claims that the defendants are liable for encouraging (aiding and abetting) the rioters’ violent conduct and for intentionally inflicting emotional distress on members of Congress in connection with the attack on the Capitol.