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.
April 21st, 2017
Tonka has arrived from GSRAW in Wisconsin, who gave us Summer”
Tonka is quickly adjusting to her home and her new roommates. She did well on the trip, and today, greeted me by running up to me smiling. Here ears are up, her chin is up, and she’s a happy grrrrrl.
She’ll do fine! She even met Nigel, nose to nose (note the powerline in the background):
… and they’re fine, although she’s a little unnerved by the chickens!
Wyoming is fossil fuel country, coal plants everywhere, here a mine mouth plant on west side of Kemmerer:
And gas… EVERYWHERE, there were wells all the way up 30 and 89 up until the mountain pass, where the rain turned to snow, UGH! This is what Wyoming looks like just north of Little America:
Remember that 2005 National Geographic article about the gas wells in Wyoming? Here’s my post with links to that article and videos — in particular, check out the “Bad Water” section, the woman holding a glass of “water” from her well reminds me of Nancy Prehn and her water when they’re pumping at the gas underground storage near Waseca:
Up here towards Jackson Hole there are no gas wells, I don’t know if that’s because there’s no gas, that it’s not BLM land up for “lease” (at way too reduced rates), or because if the impact of $$$ in this area.
Heading back soon… and yeaaaah to GSRAW for making this adoption happen!
April 13th, 2017
Someone needs to get to her new home in Wyoming! What fun!
Maybe I can stop in and say “HI!” to Dick Cheney?
April 2nd, 2017
“Throw him the hell out of here!” and worse:
March 26th, 2017
And now for something completely different… Way back a year and a half ago we got our “new” 1997 Palomino Yearling, and it took a awhile to get set up, figure out what we needed, but we’re there. Little Sadie loves it too:
We’ve put a lot of miles on it, got to many of the State Parks here in Minnesota. Frontenac 1st, and Scenic which was fully booked, and which had no internet or phone at all:
Wild River,where we had a pesto festo with friends and campground neighbors, but alas, sketchy internet:
Charles Lindbergh, which rents canoes, has internet access, and right by town, highly recommend:
Itasca (which has WiFi at the bathrooms in both campgrounds!) Prefer Bear Paw Campground and the lake view sites :
Tettegouche, and this year Cascade River for the Grand Marais Wooden Boat Show. Not long after we got it, we took it up to Big Bog for the Great Northern Transmission Road Show, cool place because it has docks for the campsites, a fishing camp for sure with all the big BIG trailers and pick up trucks, HUGE RVs (and the flies and mosquitos as big, they remain trapped in the screens to this day, never seen so many ever, do NOT recommend going up there) and NO internet access whatsoever, what a pain, nope, take it off your list:
Nerstrand with good internet through the phone, close to home and Tokyo Grill, a great sushi restaurant in Northfield:
Even Wisconsin. Wisconsin State Parks seem to be set up a little better than Minnesota (gasp!), with sites further apart, and much larger, there’d be room for two campers and two cars in most of the Wisconsin sites I’ve seen. Mirror Lake State Park is very popular, and the best site — it’s booked solid already, had to grab a few early days:
Perrot State Park soon, I hope. We also went down to Arkansas and back, out to the Black Hills with buffalo in a pasture right next to the campground bathrooms, and Hell Creek State Park in Montana (got to tour the dam while we were out there, how cool is that?!?) that has 26 miles of the dirt road from hell to get there.
Here’s Hell Creek State Park in Montana then and now. First is Hell Creek State Park, MT, in 1966 and the next is last spring at the same spot, it only took 50 years to get back:
It was a lot more hospitable now, but May v. August in 1966, no surprise. No park ranger with a bag of rattlesnakes this time either! And after going through the Bakken BUST, we even got to Ft. Stevenson, North Dakota (no relation to anyone at Xcel Energy):
It’s been a long winter. As a kid, I remember my father spent the winter with maps, and planning our month of August on the road. So in that tradition, I’ve spend the winter looking at camp sites, picking out our next trips, campsites, and we’re ready to hit the road… but wait, not so fast. Over the winter, I also got carried away looking at rehabs on The Pop Up Princess, and the thought of spending another summer with those 1990s maroon and green cushions is more than I can bear.
Alan’s been busy working on the camper, well, me too. And as you can see, it’s good to go. We’ve already added what we need to camp in comfort, roughing it has no appeal to me anymore, yes, we’re old farts. We’ve now got a deep cycle battery, new propane tank, Alan scraped and primed the frame, put in bearing buddies of course, new tires too (had a flat in Arkansas, at least we were prepared).
Alan has wired in outlets and USBs in the small dinette (office!), some other lights repaired inside and out, LED all around, and a 6″ PVC pipe on the back for all the poles so they don’t mar the floor bouncing around.
Also my fridge from the truck to replace the icebox, a toaster, a conveciton/toaster oven and a fold up Coleman oven too, microwave, CampChef storage and toolbags for cooking equipment and spices/condiments…
… and a couple of tables for kitchen duty, YUGE outdoor mat, chairs, and doofy awning lites, and I even sewed a cover for it (to match the air conditioner covers!!):
And I gots me a chuckbox, what more could one want in life!
Best of all, I’ve now got my Subaruski to pull it!
We’re all set… and we’ve really been getting around! Yes, it’s just fine the way it is, but… but… that inside is SO 90s. And that’s where The Pop Up Princess comes in. Check these rehabs, like wow! And it’s not all that hard. It can be a real mess if you really want to rip everything up, but a makeover can be done fairly easily.
That fabric, URP! It is so gross, dark, and scratchy, it’s got to go.
With something different, something cheery and bright, it’s a whole new camper. And SR Harris had a big sale on fabric, $3.99/yard, so… TA DA!!!! Cheeriness personified!
It’s mostly a light blue with tan, brown, and seafoam and green and some off white.
Have the cushion fabric riding around in the back of the Subaru, and will pick up some of the cushions to get a start on it this week. The floor, well, we have laminate that came up off the mud room floor, but it is so butt ugly, yes, it would match, but it would also be heavy, a lot more work, so I found a rich brown poly rug to cut and trim with off white twill tape, it’s thin enough to sew, a lot easier than those ($*%)#(*)#*% Subaru seat covers I made out of throw rugs! Cut this to fit, glue the back edges so it doesn’t fray, and sew on twill tape binding all around, and toss it on the floor, take it out to hose it off now and then, how hard can it be?!?!
The off white twill tape arrived last week, and the rug is resting up on the couch. The cabinets will be glaze off white, got the deglosser and found great pulls at Restore $0.25 each, and Rustoleum spray metallic paint so the hinges will match the pulls. Don’t need to redo the curtains because they’re the same seafoam green and dark green of the new fabric, and they will look just fine after those 90s cushions are covered. The countertops and tables are OK as is, because they’re off white too.
This will be a good project to do so I’m not thinking about tRump at least now and then!
March 11th, 2017
Late last month, I read an article in the Park Rapids Enterprise:
It’s about a Town Hall meeting where state Rep. Steve Green lied openly, throwing out a wildly false statement about voter fraud along the lines of tRump’s millions of fraudulent votes. 24,000 fraudulent voter registrations in the 2008 Senate race? WHAT?!?! And though the crowd apparently recognized that he was lying, the paper reported the statements and crowd’s reactions, but didn’t challenge him on the fabrication. WHAT?!?!?! The press has a responsibility to expose liars. So I fired off a missive to the reporter… and just now, got notice from a friend that they published it! Here it is:
Here’s the quote: “The Republican lawmaker suggested that most voter fraud occurs in Hennepin County. Green claimed there were 24,000 new voter registrations that had no one living at those addresses in the 2008 election of Senator Al Franken.
And look what kind of legislation he’s behind… HF 551. HF 551 would gut Minnesota’s Department of Natural Resources and the Minnesota Pollution Control Agency, from the description, “Pollution Control Agency and Natural Resources Department rulemaking authority eliminated, and sunset or enactment of existing rules provided.” Click for larger version: