Eric Swalwell sues Trump and close allies over Capitol riot in second major insurrection lawsuit

Swallwell can claim his life was in danger but he is not suing the people that actually put his life in danger directly. That means the claims and link between the action he is suing over and who he feels is responsible is more tenuous.
If someone maliciously yells "Fire!" in a crowded theater and people unfortunately react accordingly, resulting in death or injury, who is more to blame? The guy who yelled fire or the people trying to save themselves? Trump and his allies were yelling Fire! for months leading up to the insurrection and then primed the crowd on that very day. Which dots don't connect for you?

As for my other statement....how do you see an organization like the Proud Boys....are they a formal entity with funding and status under the law like the Boy Scouts? Also are you suing the members of the Proud Boys who were there or the organization they belong to.? Proud Boys- "Our organization never told those people to go to the Capitol and destroy property and invade the chambers, those were reckless members acting on their own" Case dismissed.
I didn't think the suit was against the Proud Boys et al. Why even bother to bring them up in this thread? The FBI is dealing with them for now. They were a willing instrument of the people named in the suit.
 
If someone maliciously yells "Fire!" in a crowded theater and people unfortunately react accordingly, resulting in death or injury, who is more to blame? The guy who yelled fire or the people trying to save themselves? Trump and his allies were yelling Fire! for months leading up to the insurrection and then primed the crowd on that very day. Which dots don't connect for you?


I didn't think the suit was against the Proud Boys et al. Why even bother to bring them up in this thread? The FBI is dealing with them for now. They were a willing instrument of the people named in the suit.


It was cited in Tony's article about the MS Congressman suing Proud Boys...

try and keep up :)
 
Courts found Charles Manson guilty for the crimes his followers committed.


Manson.... seriously.... the guy shouted about killing people and a race war and was proven he directed his people to kill. he was outside the house during the Labianca killings. he was directly criminally liable and sentenced to prison.

You are going to use Manso';s criminal conviction as a legal precedent to win a civil case agaisnt Trump?

Do some research on the Manson trial first.
 
If someone maliciously yells "Fire!" in a crowded theater and people unfortunately react accordingly, resulting in death or injury, who is more to blame? The guy who yelled fire or the people trying to save themselves? Trump and his allies were yelling Fire! for months leading up to the insurrection and then primed the crowd on that very day. Which dots don't connect for you?


I didn't think the suit was against the Proud Boys et al. Why even bother to bring them up in this thread? The FBI is dealing with them for now. They were a willing instrument of the people named in the suit.


I dont care what your personal political belief is, I am giving you a legal analysis that suing Trump because you were afraid as those people stormed the Capitol is a very tenuaous weak civil case. It would be improved if there was some criminal activity found from FBI investigation but so far nothing.

Yelling Fire in a theater is already specifically illegal so your analogy is still stretching in a civl suit. Yelling Fire specifically causes a panic which has been made illegal. Saying an election was stolen is verbal political diarhea that goes on daily and hard to use as a means to justify a civil suit damages.

Trump saying the election was a fraud is protected by 1st Amendment sadly.

You don't get to magically connect dots, you have to prove to a jury of 12 people selected by both sides. Good luck doing that.
 
Manson.... seriously.... the guy shouted about killing people and a race war and was proven he directed his people to kill. he was outside the house during the Labianca killings. he was directly criminally liable and sentenced to prison.

You are going to use Manso';s criminal conviction as a legal precedent to win a civil case agaisnt Trump?

Do some research on the Manson trial first.


You made the argument that only the people who directly put his life in danger could be at fault,point is that is not true.
 
You made the argument that only the people who directly put his life in danger could be at fault,point is that is not true.


In theory you can sue anyone, I am talking about the viability of a lawsuit against Trump, Rudy, Proud Boys, etc...

Manson was criminally charged and he did not claim innocence or any other defense, that analogy does not work at all.
 
In theory you can sue anyone, I am talking about the viability of a lawsuit against Trump, Rudy, Proud Boys, etc...

Manson was criminally charged and he did not claim innocence or any other defense, that analogy does not work at all.


Your first sentence implied that only those directly responsible could be liable,Manson is just an example that that is not true.
 
Your first sentence implied that only those directly responsible could be liable,Manson is just an example that that is not true.


Sorry that is not what I meant, However Manson was PART of the group of those who did the killing. Trump was not part of the groups who did the attack on the Capitol. There are numerous ways to distinguish it.

You might not like it but under the law if are a defendant you can show you never directed them to do an action or show you have no connection, the burden of proof for civil liability is still pretty high. A defendent in reality does not have to prove anything but can easily disprove facts and win summary judgment.
 
Back
Top