Lawsuit against Trump for encouraging campaign rally violence will go forward

03 April, 2017, 00:42 | Author: Patsy Dennis
  • Lawsuit against Trump for encouraging campaign rally violence will go forward

A federal judge in Kentucky has ruled against lawyers representing President Trump who argued that a lawsuit which seeks to hold Trump liable for inciting violence against three protesters at a campaign rally a year ago should be thrown out on free speech grounds.

Hale wrote in an opinion and order that "it is plausible that Trump's direction to "get 'em out of here" advocated the use of force".

Two women and a man say they were shoved and punched by audience members as Trump directed them from the podium.

U. S. District Judge David J. Hale said the lawsuit against Trump, his campaign, and three of his supporters could proceed. "Hale also noted "ample" factual support exists for the protesters" claim that injuries were "a direct and proximate result" of the Trump's actions. "Unlike the statements at issue in the cases cited by the Trump defendants, 'get 'em out of here" is stated in the imperative; it was an order, an instruction, a command", Hale wrote.

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Police remove a protester during a rally by then-presidential candidate Donald Trump and his supporters in Albuquerque, New Mexico, May 24, 2016. They are Alvin Bamberger, a member of the Korean War Veterans Association (KWVA) from OH, and Matthew Heimbach, a leader of the white supremacist group Traditional Youth Network from Paoli, Indiana.

Bamberger later apologized to the Korean War Veterans Association, whose uniform he wore at the rally. "I physically pushed a young woman down the aisle toward the exit..."

Heimbach is founder of Traditionalist Youth Network.

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The judge declined, saying such information could be important context when determining punitive damages. The judge did not remove allegations that Nwanguma was the victim of racial, ethnic and sexist slurs from the rally crowd.

And his rhetoric matters, at least to the law, despite how much Trump and his team try to downplay old campaign promises and bad tweets.

"While the words themselves are repulsive, they are relevant to show the atmosphere in which the alleged events occurred", he wrote.

Hale also dismissed the argument by Trump's attorneys that Trump and his campaign have no duty to the plaintiffs and could not be liable for the injuries they suffered because they knowingly assumed the risk of protesting at the rally.

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While does not mean that the lawsuit against Trump will eventually be successful, the judge agreed that the plaintiffs had made sufficient case for it to go forward.

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