Below is my column in The Hill newspaper on the complaint filed by Rep. Eric Swalwell against former president Donald Trump. Swalwell just filed a complaint that could prove to be the vindication that Trump has long sought in the riot in the Capitol on January 6th.
Here is the column.
French philosopher Voltaire said he had only one prayer in life — “O Lord, make my enemies ridiculous” — and that it was uniformly granted by God. The answer to Donald Trump’s prayers may be Rep. Eric Swalwell (D-Calif.). It is not because of Swalwell’s relationship with a Chinese agent or the bizarre defenses of him, including one Democrat insisting he deserved the Medal of Honor. It is because Swalwell’s lawsuit against the former president could offer Trump the ultimate vindication over his role in the Jan. 6 riot on Capitol Hill.
Swalwell’s 64-page complaint against Trump — along with son Donald Jr., Rudy Giuliani, and Rep. Mo Brooks (R-Ala.) — alleges nine counts for relief, from negligent emotional distress suffered by Swalwell to negligence in the “incitement to riot.” One might think this would be a lead-pipe cinch of a case. After all, an array of legal experts has insisted for months that this was clear criminal incitement, not an exercise of free speech. As a civil lawsuit, it should be even easier to win, since the standard of proof is lower for civil cases.
Yet, for more than four years, many of these same experts claimed a long list of “clear” crimes by Trump that were never prosecuted or used as a basis for impeachment. Likewise, despite similar claims of criminal incitement, roughly three months have passed without a criminal charge against Trump. District of Columbia Attorney General Karl Racine insisted weeks ago that Trump’s alleged crime would be investigated. Yet any such prosecution likely would collapse at trial or on appeal, and people like Racine are not eager to prove Trump’s case.
Enter Swalwell, who has long exhibited a willingness to rush in where wiser Democrats fear to tread, with what may be his costliest misstep yet.
First, his lawsuit will force a court to determine if the defendants’ speeches were protected political speech. As if to guarantee failure, Swalwell picked the very tort — emotional distress — that was previously rejected by the Supreme Court. In 2011, the court ruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who engaged in homophobic protests at the funerals of slain American troops. In rejecting a suit against the church on constitutional grounds, Chief Justice John Roberts wrote: “Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and — as it did here — inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker.” Roberts distinguished our country from hateful figures like the Westboro group, noting that “as a nation we have chosen a different course — to protect even hurtful speech on public issues to ensure that we do not stifle public debate.”
Second, Swalwell must show that Trump was the factual and legal cause of his claimed injuries. Swalwell and others have expressly argued that, if not for Trump, the riot would not have occurred. But a trial will allow the defense to offer “superseding intervening forces” on that question — acts of others that may have caused or contributed to the breaching of the Capitol. A court could rule that Trump was not the “but for” cause of the riot before even getting to any legal causation or constitutional questions.
Claims of blame would have been easier to make before the House refused to hold hearings on Trump’s impeachment, including weeks after its “snap impeachment.” Now, facts have emerged that implicate Congress itself in the failure to take adequate precautions against rioters, despite advance warnings. Former House officials claimed an FBI warning was sent only in an email, a day before the riot — but FBI Director Christopher Wray has testified that a warning of plans to storm the Capitol was sent on all of the channels created for sharing such intelligence. Moreover, former Capitol Police Chief Steven Sund testified that he asked for National Guard support but was refused six times; one key official, Sund said, did not like “the optics” of troops guarding Congress. Delays at both the Capitol and the Pentagon allegedly left the Capitol woefully understaffed. And Trump has been quoted by former Acting Defense Secretary Chris Miller as warning him the day before the riot that “You do what you need to do. You do what you need to do. You’re going to need 10,000 (troops).”
There also is a growing problem with the riot’s time line. Swalwell’s complaint alleges a failure by Trump to act as violence unfolded. But as more information has been released, the time period has shrunk to a difference of minutes between the breach and Trump’s call for law and order. Trump ended his speech at 1:10 p.m. The first rioter entered the Capitol at 2:12 p.m. Eight minutes later, Trump had a heated call with House Minority Leader Kevin McCarthy (R-Calif.), who told him of the breach. Then at 2:26 p.m., Trump mistakenly called Sen. Mike Lee (R-Utah) instead of Sen. Tommy Tuberville (R-Ala.). Lee reportedly said Trump did not appear to realize the extent of the rioting. Finally, at 2:38 p.m., Trump called for his followers to be peaceful and to support police. That was roughly 30 minutes after the first protester entered the Capitol. Trump’s defense team will likely emphasize that the he not only told followers to go “peacefully” to the Capitol but made the call to obey law enforcement roughly 30 minutes after the first rioters entered the Capitol.
Many people think Trump should have spoken earlier. Indeed, I condemned his speech while he was giving it. Yet, various people took actions (or failed to take actions) that left the Capitol vulnerable. And, at trial, a comparison could be drawn to the violence around the White House during the previous summer: Fearing a breach of that complex, overwhelming force was used to create an expanded security perimeter — but the use of National Guard troops then was denounced by congressional Democrats, D.C.’s mayor, and the media.
Finally, Swalwell’s complaint accuses Trump of reckless rhetoric — but Swalwell could find himself on the witness stand having to answer for his own rhetoric. Those comments include his mocking of threats against Sen. Susan Collins (R-Maine). Swalwell, who now claims severe emotional trauma from the Capitol riot, dismissively tweeted “Boo hoo hoo” when angry protesters surrounded Collins’s home in 2018.
Swalwell’s complaint is timed beautifully to collapse on appeal just before the 2024 election, giving Trump and Republicans the ultimate repudiation of prior Democratic claims. Voltaire also famously said that “If God did not exist, it would be necessary to invent Him.” Luckily for Trump, Swalwell not only already exists, but he may be the very answer to Trump’s political prayers.
‘There should be only one question asked of every Biden official going forward. Are you aware of the scandal to hide his health problems?
Let the rats turn on each other.’ ~dave rubin
‘Trump once held a glass of water with two hands and the mainstream media ran endless pieces on how he was unfit for office.
Here’s Joe Biden falling up the stairs…(of Air Forece One)’ ~dave rubin
https://nypost.com/2021/03/19/biden-falls-as-he-climbs-up-stairs-to-air-force-one/?utm_source=maropost&utm_medium=email&utm_campaign=news_alert&utm_content=20210319&mpweb=755-9322214-719081126
Even worse because it happened the day after China ate our lunch, in front of us, on US soil, as our weak and uprepared secretary of state sat there and took it. And then Putin mocked Biden’s obvious inability to handle himself by even facing a few questions from the US press corps. What a disgrace. And of course the Fake News media is running full coverup mode on behalf of senile hidin’ Biden.
What happened to your State of the Union address President Biden?
When will you hold your first press conference President Biden?
Where are the $2,000 (not $1,400) checks you promised us President Biden?
Where is that compromise and ‘unity’ you blabbered on about President Biden?
When will you stop taking credit for Operation Warp Speed and plagiarizing the successes of the Trump administration, President Biden?
When will you share your medical history with us President Biden?
When will you take a cognitive test and share the results with us, just as President Trump did, Mr. Biden?
While some of this is interesting – and possibly plausible.
One of the major issues with the 2020 election is that every single counting error or fraud of any kind is ultimately detectable and correctable – so long as immutable paper ballots exist.
I do not know if the claims against DVS are true, or the claims of foreign interferance are true – though the only foreign interferance I care about is in the actual voting and vote counting – if Russians or chinese wish to attempt to persaude US voters – they are free to do so – we can not and should not stop them any more than John Oliver.
What I do know is that real paper ballots exist and can if properly examined prove or disprove every single claim about the proces of counting the votes.
What is DAMNING regarding the courts is that they did not direct that. In many instance properly done random samples can proove or refute most claims – total hand recounts are only needed if random samples indicate problems.
We can check a few percent of randomly selected voting machines – and determine quickly whether they tallied votes correctly.
In the very few instances we have done so – they have failed.
Almost every single allegation or affadavit alleging Fraud in this election is winthin our ability to confirm or disprove.
Forged ballots can be detected, distorted machine counts can be detected. illegitimate voters can be detected,
Even scanning the same ballot over and over can be detected.
Many errors can not only be detected but also corrected.
But some could only be corrected at or before the election.
Regardless, just about every form of voter fraud is detectable today – atleast to the extent of establishing that it did or did not occur.
Finding and convicting people is much harder.
In many instances correcting fraudulent vote counts is not possible. But detecting the fraud is.
Identifying lawlessness is possible – and has been proven.
Unfortunately a lawless election can not be fixed.
Everything necescary to establish whether the 2020 election result should be trusted is possible.
It is even still possible.
Nor is it difficult.
Yet it has been vigorously resisted – by election officials, and the courts.
That destroys trust in government.
If you think your posts are not stupid – demonstrate that with facts, logic, reason.
While all of us can be provoked to insults at times – for the most part I try to criticise arguments rather than people.
Regardless, If you wish to criticize S.Meyer for what you call trolling – that argument would be more compelling if you posts were not either stupid or insults or both.
Why should anyone take S.Meyer to task for unusually bad behavior – when his behavior is not unusual, and not as bad as yours.
Disagree all you want – if you do not want insulted – do not insult others.
Regardless, none of us is entitled to post the truth and expect no criticism – why should you expect to post nonsense without criticism ?
Again do words have meaning – what does “troll” mean to you ?
I can not tell from the way you use it.
You seem to think it means disagreeing with you and occasionally insulting you.
Are you entitled to everyone’s agreement ?
If you do not want the insults – try checking what you post before you post it.
Again – can we quit pretending that blog posts are physical acts.
Chasing you arround Turley’s blog is NOT stalking.
But then the left does not seem to grasp the fundamental difference between words and acts.
Since taking office, Joe Biden’s policies have ended border controls that were in place by Trump, and Biden has ended deportation, plus he is keeping kids in cages and there is zero outrage from the fake news media as Biden and Democrats blame the mess on Trump!!!
Joe Biden did not “inherit a big nasty mess on the border” as Chuck Schumer lies about. Joe Biden’s irresponsible policies CREATED the ‘big, big, nasty mess on the border.’
Would someone in the Fake News please Fact Check Chucky the liar?
When you are done with Chucky, you can move on to Pelosi the liar.
Democrats are pathological liar and just plain evil people
There are two independent issues with respect to the border.
The first is what SHOULD we do ?
The second is what is the LAW ?
Trump enforced the law that we already have as it is to the extent possible despite the interferance of democrats in congress.
The WALL has been authorized since the mid eighties. Democrats have refused to do as they promised at the time, and fund the construction of the wall.
The remainder of what Trump has done at the southern and other borders has been to follow existing US immigration law.
Democrats TODAY – as opposed to over much of the rest of my lifetime now oppose pretty much the entirety of US immigration law.
That is OK – I oppose some of it myself.
But we change laws through legislation, not by fiat.
As President Trump never acted outside the law.
Biden issued EO’s on his first day that abridge the law.
Biden directed DHS to NOT enforce existing law – that is a violation of his oath of office which requires upholding the laws of the land.
Those on the left are LAWLESS. They do not seem to grasp that the executive, and courts are OBLIGATED to enforce the law AS IT IS, whether they like it or not – so long as it is constitutional.
That does not prohibit them from working to change the law – or even the constitution.
But neither governors, nor presidents, nor judges are free to brush aside the law as it is – because they do not like it. Even because they think it is wrong, or stupid. They are obligated to uphold it until such time as they can change it through legitimate means.
This is true of immigration law. It is true of election law. It is true of all law.
The phony baloney U.S. of Everything is Rigged, Illegal (or pending).
Teenage mutant ninja Democrat spy..