Swalwell v. Trump - District Court, D.C.

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MN-Skeptic
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Swalwell v. Trump - District Court, D.C.

#1

Post by MN-Skeptic »

I think this deserves its own thread.

Previously - viewtopic.php?f=2&t=36&p=30434&hilit=Swalwell#p30434

Now from Law & Crime -

In Attempt to Deflect and Dismiss Lawsuit Accusing Him of Inciting Jan. 6, Trump Says: What About Bernie Sanders, Chuck Schumer, and Cori Bush?
In a legal brief resembling one of his freewheeling campaign speeches and impeachment defense montages, Donald Trump went on the attack against lawmakers like Sen. Bernie Sanders (I-Vt.), Sen. Chuck Schumer (D-N.Y.), and Rep. Cori Bush (D-Mo.) to depict the former president’s speech in the lead-up to the Jan. 6 siege of the U.S. Capitol as routine political rhetoric.

Trump’s missive comes courtesy of his lawyer Jesse Binnall, who offered dozens of conspiracy theories to explain away the former president’s defeat in Nevada. In December, former Michael Flynn lawyer Binnall blamed voter fraud, dead voters, electronic voting machines, automated vote-counting machines, shenanigans by election officials and more for Trump’s loss, and a judge shot down some 25 of his varying hypotheses.

In the brief, the former president casts his efforts to subvert the 2020 election and block its legally mandated certification as merely “exercising a specific constitutional duty to take care that the laws be faithfully executed.”

“President Trump had an ever-present duty to ensure the election laws were followed, including the certification process,” Binnall wrote.

The argument turns on its head an argument deployed against Trump, accusing him of violating that duty.
Legal brief here.


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Re: Swalwell v. Trump - District Court, D.C.

#2

Post by Kendra »

https://edition.cnn.com/2022/01/10/poli ... index.html
(CNN)A federal judge in Washington, DC, is set to consider, for the first time, whether former President Donald Trump is immune from liability related to his supporters attacking the US Capitol on January 6, 2021.

The major hearing on Monday is part of a trio of insurrection-related lawsuits seeking to hold Trump and others accountable at a time when the House select committee probing January 6 has aggressively investigated the political leaders who inspired the attack, and as the Justice Department is prosecuting more than 700 rioters for criminal offenses.

The court hearing, set to begin at 1 p.m. ET before Judge Amit Mehta of the DC District Court, will address key questions including whether Trump and Republican figures like Rep. Mo Brooks of Alabama can shield themselves from legal fallout because of the First Amendment or their stature as elected officials.

It is the first major test of whether civil litigation is a viable route to holding Trump accountable for the violence toward Congress, after he was acquitted by the Senate in his second impeachment trial last February.


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Re: Swalwell v. Trump - District Court, D.C.

#3

Post by Volkonski »



There will be a public line to listen to this hearing, here's that info:
Toll Free Number: 877-848-7030
Access Code: 3218747


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Re: Swalwell v. Trump - District Court, D.C.

#4

Post by Foggy »

 ! Message from: Foggy
Moved the topic to Civil Suits arising from the Big Lie, please advise if there are others.


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Re: Swalwell v. Trump - District Court, D.C.

#5

Post by Kendra »

Thanks V, I was hoping someone would live tweet.


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Re: Swalwell v. Trump - District Court, D.C.

#6

Post by raison de arizona »

Haven't dug through it all, but mixed bag? Looks like maybe Guiliani got off the hook, but Trump mostly didn't? Anyway, 112 pages for your perusal.
https://storage.courtlistener.com/recap ... 66.0_6.pdf


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Re: Swalwell v. Trump - District Court, D.C.

#7

Post by Kendra »

Someone's on it for us.



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Re: Swalwell v. Trump - District Court, D.C.

#8

Post by Kendra »


A federal judge DENIES much of Donald Trump's motion to dismiss civil suits seeking to hold him liable for Jan. 6.

Rudy Giuliani and Don Jr. secured dismissal.

Brooks denied immunity—but invited to file motion to dismissal that judge "will grant."


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Re: Swalwell v. Trump - District Court, D.C.

#9

Post by Foggy »

Oh, ouchy. :shock:


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Re: Swalwell v. Trump - District Court, D.C.

#10

Post by Kendra »

He hasn't had a good week, has he? :violin:


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Re: Swalwell v. Trump - District Court, D.C.

#11

Post by RVInit »



There's a lot of things that need to change. One specifically? Police brutality.
--Colin Kaepernick
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Re: Swalwell v. Trump - District Court, D.C.

#12

Post by raison de arizona »

Rep Mo Brooks (R-AL) files new motion (serving as his own defense attorney) .... seeking dismissal of civil suit filed by Rep Eric Swalwell (D-CA) Swalwell suit argues Rep Brooks & Trump rally participants contributed to Jan 6


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