I have been writing for years about the deepening legal problems associated with the biting of secret service agents and others at the White House by the Biden dogs. The repeat offender remains Commander who has at least a dozen biting incidents. Under the common law, Commander is now considered a vicious animal and the Bidens are now strictly liable for such bites. What is notable is that liability for such bites could fall on the taxpayers. [Commander has become the latest Biden dog sent into exile due to biting people].
New pictures have emerged of Commander biting another White House staffer. This follows a recent new biting episode involving a Secret Service agent.
The Bidens previously suggested that an agent was lying about a bite by Major, the other Biden dog, that required him to seek medical treatment. President Biden effectively called an agent a liar in allegations of being attacked in the White House. Major was eventually sent to the farm and the media, again, did not press the White House on the lack of transparency over the long pattern of dog attacks.
Now the White House is blaming the fact that the president’s security detail have “unfriendly expressions.” That would not wash legally.
Under the common law, the Bidens could claim that Major and Commander were entitled to “one free bite.” They are well beyond that threshold.
The “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone. In fact, you are subject to strict liability whenever you know or have reason to know of the vicious propensity of your animal. That can be satisfied by conduct such as frequent snapping or aggressive behavior.
However, even with Major, the Bidens failed to protect agents and others. Now they have shown the same failure with Commander.
Indeed, a family with this history of dog attacks (with successive pets) would face a highly skeptical, if not hostile, court in a tort action.
The Biden case is more analogous to the infamous case from San Francisco involving lawyers and dog owners Marjorie Knoller and Robert Noel. They were found both criminally and civilly liable after their two Presa Canario dogs killed apartment neighbor Diane Whipple. Various neighbors had complained about the dogs. The dogs had not bitten anyone but were known to be aggressive. That was sufficient.
In one account involving Commander, an agent had to defend himself from the dog with a chair. That was after prior biting incidents. As many as ten people were either bitten or threatened by the dog.
The latest victim was Dale Haney, 71, who is not part of Biden’s security team and presumably not showing an unfriendly face.
Since the White House is a government facility, the taxpayers could be liable under the Federal Tort Claims Act. Lutz v. United States, 685 F.2d 1178 (9th Cir. 1982). In Lutz, the failure of an airman to control his pets was deemed a violation of the law because the maintenance of the dog was subject to military regulation.
Working dogs are subject to such tort actions when they bite third parties. However, Commander is not a working dog for a federal agency. The D.C. Circuit has held in Nelson v. United States, 838 F.2d 1280 (D.C. Cir. 1988), that pets on federal property “do not run to the benefit of the employer and are linked only incidentally with the employment relationship, they cannot be said to be discharged within the scope of employment.”
Moreover, courts have barred strict liability claims against the U.S. government: “the Federal Tort Claims Act itself precludes the imposition of liability if there has been no negligence or other form of ‘misfeasance or nonfeasance.'” Laird v. Nelms, 406 U.S. 797, 798-99 (1972).
Yet, there could be negligence in this case as federal employees continue to order Secret Service members and staffers to work around a legally vicious dog. The failure to take reasonable precautions can be used for liability. You cannot just continue to feed federal employees to a president’s dog like they are landing at Normandy as a matter of attrition.
Suing a federal employee under state law has long been difficult. In Westfall v. Erwin, 484 U.S. 292 (1988), the Court held that federal officials enjoy absolute immunity from state tort lawsuits for money damages when their conduct was both within the scope of employment and discretionary in nature.
Congress responded to the ruling with the Westfall Act to eliminate the “discretionary” requirement so that there is immunity from state tort lawsuits for money damages if employees are acting within the scope of employment during the alleged incident.
Under the Act, an Attorney General or designee can certify that a federal employee was acting within the scope of employment at the time of the alleged incident and the lawsuit is then removed to federal court and proceeds as an action against the United States under the Federal Tort Claims Act. 28 U.S.C. § 2679(d)(2).
As a result, the taxpayers could find themselves in prolonged litigation over these dog bites. At the same time, they are liable for the medical and other damages for federal employees injured on the job.
As for the Bidens, they are subject to strict liability. However, it is difficult for Secret Service agents to sue a protected family and the Bidens know it. They are the ultimate captive audience. That is not the case for civilians in the White House compound.
They are not required to assume the role of chew toys for presidential pets. The Bidens are well beyond their one free bite. They are now clearly in possession of a vicious animal under the common law and can be held strictly liable as a result.
Uncle Joe should switch to reptile pets.
Marge the snapping turtle would be perfect for the oval office.
Check out Marge at the 16:54 video mark. All the turtles and tortoises will out live Uncle Joe…..And even Kamala Harris!
This turn of phrase made my day: “You cannot just continue to feed federal employees to a president’s dog like they are landing at Normandy as a matter of attrition.”
In other news: “Joe Biden’s Dog ‘Commander’ Revealed to Be Werewolf of Hunter Biden”
~+~
Excerpt: “Years of hard drugs and prostitutes transformed Hunter from an influence peddling, self-serving, son of a president by night into a vicious, maurading attack dog by day.
“It was a most unholy beast,” a White House gardner said, “one look into its eyes and all you see is cocaine, whores and greed.”
🙂
The ‘bitin’ Biden should have been taken to a celebration of the Feast of St Francis yesterday, to receive a much-needed “blessing”.
If he wasn’t, there will be many churches participating in pet blessings this weekend.
That mutt needs a spiritual intervention, like the rest of the family!
Yes!!! Cindy, we observed St Francis Memorial at home!!! We have a beautiful statue of St Francis in our backyard. We cleaned his area, lit a candle, and said our prayers. We then invited the squirrels this one and only day to come out, promising we would not shoot them.
😇🐿
Estovir! oh, what an meaningful, fun experience for ‘y’all….I used to love doing the children’s music for St Francis celebration at the Episcopal church…It’s one of my favorite celebrations. Francis was quite a poet (All Creatures of our God and King).
I wrote several original music for some of his poems, like Brother Sun and Sister Moon. I swear I LOVE October….St. Francis, Fall Foliage, cooler weather, etc…….!
Cindy, if you have the ability, please upload on youtube you playing/singing your musical poems, particularly of St Francis. That would be so inspiring.
John Michael Talbot is one of my favorite Catholic guitarists and is a wonderful musician. I have most of his albums from the 1980s. Here is his rendition of Brother Sun and Sister Moon, considering he is a Lay Franciscan
Estovir…That recording is gorgeous! He’s wonderful! Thank you.
Because I was writing for kids, 5 yr olds–10 yr olds, my composition was syncopated, a little jazzy, with bongos, etc. to hold their attention. Now, for older kids, teenagers, I love to teach “Ave Verum Corpus” (one of Mozart’s last compositions) as well as jazzy! Well, Honestlawyer and I are so tech ignorant! Maybe someday I could send you, personally, some kind of recording but I don’t want to be kicked off this blog! LOL But you are so sweet to ask.
Animals always behave just like their owners. The Bidens have been biting the backs off taxpaying American citizens for a half a century.
Is the story of Commander the dog really an allegory for the story of Hunter Biden?!
What is Biden thinking?…
Keeping dogs with 10+ biting incidents in the WH… is the height of disregard and disrespect for Secret Service Agents, WH Staff, and WH Visitors…
Incomprehensible, really.
The dog needs to be put down NOW!!!!
That would have happened to us peons after the 3rd bite or at least the owner would have been commanded to muzzle the animal at all times.
Tough spot for an employee to placed. Think about it, the rules apply, but not really. Yes, the Bidens are under strict liability, but not really. The dog is vicious, but still around. If you complain about the dog, you get removed because you serve at the pleasure of the President. Some grownup should tell the President the dog must go home and no more dogs for him.
In many states, after the 3rd bite, the dog must be put down.
Commander is doing wonders for Lunchbox Joe’s “Tough Guy” image though. Don’t forget that…..
The dogs are probably relieved to be out of there. At least they don’t have to take showers with Joe anymore.
If this dog belonged to President Trump, the media would be covering it non-stop.. Just imagine the headlines: “Trump dog bites staff in the Rump”, “Trump tells dog to attack staffers, anonymous staff claim” , “Trump dog has Rabies”, “Trump dog comes from notorious puppy mill run by distant relative”. Any other dog would be retrained or put down. Media is giving Mr. Biden another pass, as usual.
Former President Trump is a feral orange breed who has taken vicious bites out of democracy. Someone should muzzle him.
So clever
“Just imagine the headlines:”
“Trump’s Storm Trouper dog . . .”
“Trump’s vicious dog warns black voters . . .”
“Trump’s fascist dog, a Putin stooge, . . .”
“The bites are a dog whistle for conservatives to . . .”
It is not the Dog’s fault….as they are just doing as they have been taught to do…either by overt training or just being allowed to misbehave….darn…sounds like I am talking about Hunter rather than the other Biden Dogs.
Is the continued assault on others in the White House due to the “aggressive” dogs an Impeachable Offense….if done knowingly (which it patently is due to the lack of responsible action by the Big Guy)?
Or… maybe commander is protective of the president. Secret service agents may have seem threatening to commander.
Of course nothing will happen. He is the president and by removing commander from the WH eliminates further opportunity for bites.
Dogs bite for a reason. They don’t just randomly bite because they feel like it. I’m sure there’s more to the story than what is being reported.
More to the story or not…10 bites is way over consideration the rest of us would get. Our dog(s) would probably have been ordered to be put down long ago or at the least muzzled everytime outside their home quarters. When dogs sense fear in anything, a human or another animal, they will remain aggressive toward them.
Speaking of vicious creatures . . .
Said persecutor (err, prosecutor) Jack Smith: “[Trump] either purchased a gun in violation of the law and his conditions of release, or seeks to benefit from his supporters’ mistaken belief that he did so.”
Next, those wannabe tyrants will indict Trump for “gawking with the intent to mope.”
Wait, so seeking to benefit from one’s supporters’ mistaken beliefs is now a crime? Who knew?
Didn’t “Joe Biden” seek to benefit from his supporters’ mistaken belief that he is coherent?
It is kind of bizarre how they value their dogs over the Secret Service agents who would take a bullet for them, if necessary.
good catch, Kristen, which is a nice segue to Ivanka Trump caring for her 97 year old maternal grandmother in their home since her mother Ivanna died. If you want to assess the character of an individual, observe how they treat others but particularly their family.
Ivanka Trump reveals that her Czech grandmother is living with her family
https://www.washingtonexaminer.com/news/ivanka-trump-reveals-grandmother-living-with-family
“Last week we celebrated my Grandma Babi’s 97th birthday. We’re so lucky to have Babi living with us in Miami these last couple years — I’m thankful for every lesson, every story, and every game night where she still destroys us all at Jenga!”
Yes, I just saw that! How wonderful of Ivanka and Jared, and what a special gift to their children as well. And true, actions speak louder than words.
A-Ya! like if Hunter would stop feeding Commander Cocaine, Ol’e Cocaine Dog would not be noshing of Secret Service Agents.
Now the poor Fella has a Habit, It just crazy like that – Animals, Torts. (next stop: The Betty Ford Clinic for Canines)
I’ve been following SBF’s Trial (the FTX Crypto Exchange Fraud), an interesting Article focusing on the Defense Team,
suggest that SBF’s Business Plan did not include a ‘𝐑𝐢𝐬𝐤 𝐌𝐚𝐧𝐚𝐠𝐞𝐫’. I can’t help but think that this is what the Biden Family so desperately needs – a Risk Manager.
whether it is Cocaine Dog to Hunters Business Sleeping arrangements, 𝐑𝐢𝐬𝐤 𝐌𝐚𝐧𝐚𝐠𝐦𝐞𝐧 was necessary and is required at this level of Play.
𝐈𝐬 𝐒𝐚𝐦 𝐁𝐚𝐧𝐤𝐦𝐚𝐧-𝐅𝐫𝐢𝐞𝐝’𝐬 𝐝𝐞𝐟𝐞𝐧𝐬𝐞 𝐞𝐯𝐞𝐧 𝐭𝐫𝐲𝐢𝐧𝐠 𝐭𝐨 𝐰𝐢𝐧?
The prosecution came out swinging. Oddly, Bankman-Fried’s defense didn’t.
By: Elizabeth Lopatto ~ Oct 4, 2023
https://www.theverge.com/2023/10/4/23903986/sam-bankman-fried-opening-statements-trial-fraud
Today’s White House: non compos mentis president with vicious dog allowed to bite at will. Just wonderful.
And this is what the Dems want four more years of. Ugh.
I’m just curious, does the big guy have all his own teeth?
You spelled Biden wrong in your last sentence. He crapped his pants in front of the Pope
Typical liberal… let’s make some shit up about the opposition and see if it sticks. Well, you can.
“Now the White House is blaming . . .”
Ever notice that the Left has a nasty habit of blaming others, and making others pay, for their own destructive choices?
NBC said, “Republicans accused Jamaal Bowman of pulling a fire alarm….” After Bowman APOLOGIZED for pulling a fire alarm.
Set the dog out to pasture along with its family. Time for a new breed all around.
Another great example of a dog owner’s lack of consideration for society. The dog obviously needs training and a muzzle and after it showed the aggressive behavior. The dog is not the issue but the owner’s self-centered disregard for others. That’s how Joe rolls.
Under New York State law, the Secret Service agents would not be able to sue for injuries incurred during their course of employment.
Their remedy would be limited to collecting Worker’s Compensation payments.
Seth Goldstein