LOUISVILLE, Ky. — A federal judge has rejected President Donald Trump’s free speech defense against a lawsuit accusing him of inciting violence against protesters at a campaign rally.
Trump’s lawyers sought to dismiss the lawsuit by three protesters who say they were roughed up by his supporters at a March 1, 2016 rally in Louisville, Kentucky. They argued that Trump didn’t intend for his supporters to use force.
Two women and a man say they were shoved and punched by audience members at Trump’s command. Much of it was captured on video and widely broadcast during the campaign, showing Trump pointing at the protesters and repeating “get them out.”
Judge David J. Hale in Louisville ruled Friday that the suit against Trump, his campaign and three of his supporters can proceed. Hale found ample facts supporting allegations that the protesters’ injuries were a “direct and proximate result” of Trump’s actions, and noted that the Supreme Court has ruled out constitutional protections for speech that incites violence.
“It is plausible that Trump’s direction to ‘get ’em out of here’ advocated the use of force,” the judge wrote. “It was an order, an instruction, a command.”
Plaintiffs Kashiya Nwanguma, Molly Shah and Henry Brousseau allege that they were physically attacked by several members of the audience, including Matthew Heimbach, Alvin Bamberger and an unnamed defendant they have yet to be able to identify.
Bamberger later apologized to the Korean War Veterans Association, whose uniform he wore at the rally. He wrote that he “physically pushed a young woman down the aisle toward the exit” after “Trump kept saying ‘get them out, get them out,” according to the lawsuit.
Heimbach, for his part, sought to dismiss the lawsuit’s discussion of his association with a white nationalist group and of statements he made about how Trump could advance the group’s interests. The judge declined, saying such information could be important context when determining punitive damages.
The judge also declined to remove allegations that Nwanguma, an African-American, was the victim of racial, ethnic and sexist slurs from the crowd at the rally. This context may support the plaintiffs’ claims of negligence and incitement by Trump and his campaign, the judge said.
“While the words themselves are repulsive, they are relevant to show the atmosphere in which the alleged events occurred,” Hale wrote.
Lawyers for Trump and his campaign also argued that they cannot be held liable because they had no duty to the plaintiffs, who assumed the risk of injury when they decided to protest at the rally. The judge countered that under the law, every person has a duty to every other person to use care to prevent foreseeable injury.
“In sum, the Court finds that Plaintiffs have adequately alleged that their harm was foreseeable and that the Trump Defendants had a duty to prevent it,” the judge ruled, referring the case to a federal magistrate, Judge H. Brent Brennenstuhl, to handle preliminary litigation, discovery and settlement efforts.
Lab USA Ash Mining – PCA says “No EIS needed”
April 7th, 2017

No surprise. BUT, many issues not addressed, and many comments not registering, much less considered, it seems. Minnesota Pollution Control Agency “reviewed” the Lab USA Environmental Assessment and Comments and determined that:

And the bottom line:

Here’s the full document, check it out:
Note they do not address the Water Tank Mound, which comprises much of the Red Wing lay down yard site, and there is no acknowledgement, much less characterization or use in modeling, of the La Crosse incinerator ash that’s trucked in, and something like 50% of that is old railroad ties full of creosote. Pretty toxic stuff, that creosote.
Something odd — if not for a little birdie, I’d not have known that this was issued, no service, no notice, nada. ??? Thank you, little birdie!!!

THIS! Trump’s own words, and words matter
April 2nd, 2017
“Throw him the hell out of here!” and worse:
TrumpCo’s got to go — Government is NOT a business
March 30th, 2017

Each day it’s something. In the beginning, it was a flurry of Executive Orders and Memoranda that were poorly thought out, worsely executed, even posted on White House website with different wording than what was actually signed — I know because I was tracking them closely as they were coming out and posting them and resulting court losses via Temporary Restraining Orders and decisions here and here and here, for example.
A friend was looking at how to frame this problem, and branded it “TrumpCo.” TrumpCo is what’s developed from Trump’s claim that government should be run like a business, and his efforts to initiate that plan. Just the facts about how tRump runs businesses (into the ground, fact check on that, yes, multiple bankruptcies) should give us pause, but deeper thought about the purpose and functions of government should stop this in its tracks. Dream on… these guys are relentless. Meanwhile, Republican #notmyPresident Donald Trump is putting his son-in-law Jared Kushner in charge of ??(hard to tell, Senior White House Advisor, etc?), his daughter Ivanka installed in an office and requesting security clearance, and sons on US taxpayer business trips, WTF?
Son-in-law Jared Kushner has a large role in TrumpCo:
The Office of American Innovation is expected to tackle domestic issues such as Veterans’ Affairs, workforce development and opioid addiction, the Associated Press reports.
“The government should be run like a great American company,” Kushner told the Washington Post of the initiative, one of the few interviews he has granted since becoming a senior adviser. “Our hope is that we can achieve successes and efficiencies for our customers, who are the citizens.”
Keystone XL Pipeline – Complaint for Injunctive Relief
March 30th, 2017

tRump signed a Memorandum pushing Keystone XL (and Dakota Access) pipeline inviting them to reapply, which they did two days later:
#notmyPresident – Keystone XL pipeline is baaaaaaaaack
And today, a Complaint has been filed by Northern Plains Resource Council, Bold alliance, Center for Biological Diversity, Friends of the Earth, Natural Resources Defense Council and Sierra Club to stop KXL from going forward:
Complaint filed 2017 03 30 FINAL
The focus is on the extensive record of the earlier proceeding, the prior rejection of the Presidential Permit, NEPA violations, and the arbitrary and capricious nature of the Memorandum and moving forward with this project. The specific claims are:
- Violation of the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., and Administrative Procedure Act, 5 U.S.C. §§ 701-706, by Defendants State Department and Under Secretary Shannon
- Violation of the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq., and Administrative Procedure Act, 5 U.S.C. §§ 701-706, by Defendants Interior Department, Bureau of Land Management, and Secretary Zinke
- Violation of the Administrative Procedure Act, 5 U.S.C. §§ 701-706, by Defendants State Department and Under Secretary Shannon
The third claim is what I’d been noting after tRump issued the Memorandum. With the lengthy and voluminous record, and the denial, to with the stroke of a pen say “go ahead,” that’s arbitrary and capricious on its face. From the Complaint:
The State Department has failed to adequately explain and justify (a) its reversal of positions on whether Keystone XL is in the national interest, and (b) its reliance on a stale and inadequate environmental review. Its approval decision is arbitrary and capricious.
… and oh, what a good example that Memorandum is, itching for challenge. Well, here it is.
Transmission CCN? NO!!! A win for Neighbors United!
March 28th, 2017

Hot off the press from the Federal Appellate Court — Missouri Western District
From the Order:
ATXI is an Illinois corporation authorized to do business in Missouri and engaged in the construction, ownership, and operation of interstate transmission lines that transmit electricity for the public use. It does not generate, distribute, or sell electricity to the general public or serve any retail service territory.
And the law is clear:
“If any of the items required under this rule are unavailable at the time the application is filed, they shall be furnished prior to the granting of the authority sought.” 4 CSR 240-3.105(2) (emphasis added).
And interpretation of the law:
The general language of section 393.170.3 authorizes the PSC to impose “reasonable and necessary” conditions on a CCN. However, the specific language of section 393.170.2 states that evidence of the county commission consents “shall” be on file before the PSC grants a CCN. “Where one provision of a statute contains general language and another provision in the same statute contains more specific language, the general language should give way to the specific.” Id.
And bottom line?
The PSC’s Report and Order is vacated as it was entered in excess of the PSC’s statutory authority.
Love it when this happens!