Judge reconsiders Trump lawsuit; says candidate saying ‘get him out’ is like telling crowd with guns to ‘shoot’

A federal judge who rejected President Donald Trump‘s free speech defense in a lawsuit accusing him of inciting violence at a Louisville, Kentucky, campaign rally has agreed to reconsider his decision.

…but warned Trump that his calls to supporters to remove protesters “could be sanctioned as incitement.”

U.S. District Court Judge David J. Hale ordered the case to be put on hold while the free speech argument is decided, WDRB’s Jason Riley reported:


Federal Judge David Hale has put the Louisville protester lawsuit against @realDonaldTrump on hold until 1st Amendment question resolved

The lawsuit stems from a 2016 campaign rally where several anti-Trump protesters disrupted the event, prompting Trump to say from the podium: “Get ’em out of here.”

There is a lot a stake in the lawsuit, according to Riley:

Attorneys for three people who claim in the lawsuit they were assaulted at the rally last year, have repeatedly asked to depose Trump, as well as obtain the president’s “tax returns” and the names “of all medical providers from whom Trump has sought or received any psychological” treatment, according to court records.

Riley also noted that the judge dismissed a negligence claim, leaving only the incitement claim:

Judge Hale also dismissed a negligence claim against @realDonaldTrump, reversing a prior ruling that allowed that claim to go forward

The New York Times’ Ken Vogel posted a snapshot of Hale’s ruling on the possibility of incitement, before adding another that showed the judge allowed Trump to appeal, which blocks discovery, noting “the unique sensitivities involved where the President of the United States is a party to litigation.”

Judge in Trump rally violence case warns Trump that his calls to supporters to remove protesters could be considered incitement to violence. pic.twitter.com/WNDuiYjZAZ

But judge also allows Trump to appeal to block discovery, noting "the unique sensitivities involved where @POTUS is a party to litigation." pic.twitter.com/e0Tp2PtDJs

View image on Twitter

Using the example of yelling “shoot!” to a crowd of angry armed individuals, Hale said “context matters,” as Riley explained below:

As @realDonaldTrump attorneys have argued, Trump did not tell anyone directly to do anything violence or break any laws. But ...

Hale said "context matters." Given his surroundings the "mere absence of overtly violent language in Trump's statement" is not fatal to case

But...this is okay huh?

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I find nothing inciting riot by making the statement "get them out of here.".  I do find it proper for the organizer of a rally to have his security remove trouble makers before they incite riot... too, tell his security to 'get them out of here."  is a reasonable command and meant to stop violence not incite it.

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