Major court hearing to test whether Trump could be liable for January 6


The major hearing on Monday is part of a trio of insurrection-related lawsuits seeking to hold Trump and others accountable at a time when the House select committee probing January 6 has aggressively investigated the political leaders who inspired the attack, and as the Justice Department is prosecuting more than 700 rioters for criminal offenses.

The court hearing, set to begin at 1 p.m. ET before Judge Amit Mehta of the DC District Court, will address key questions including whether Trump and Republican figures like Rep. Mo Brooks of Alabama can shield themselves from legal fallout because of the First Amendment or their stature as elected officials.

It is the first major test of whether civil litigation is a viable route to holding Trump accountable for the violence toward Congress, after he was acquitted by the Senate in his second impeachment trial last February.

The lawmakers say they were threatened by Trump and others as part of a conspiracy to stop the congressional session that would certify the 2020 presidential election on January 6, according to the complaints. And they argue that Trump should bear responsibility for directing the assaults.

Swalwell, who described his position in the case in an interview on CNN on Sunday, said he expects Monday’s hearing to be long. He noted, however, that he and others will not be permitted into the courtroom because of the recent surge in Covid-19 cases. Instead, the participants will speak to the judge over videoconference.

If the judge rules in favor of Swalwell and others who have sued, the California Democrat said he expects “it’s going to speed up, and hopefully we’ll move to more depositions and evidence discovery very soon.”

The police officers, in their lawsuit, say they were hit by chemical sprays and objects the crowd threw at them, like water bottles and signs, because Trump inspired the crowd.

“Defendant’s followers, already primed by his months of inflammatory rhetoric, were spurred to direct action,” the lawsuit from Blassingame and Hemby said. “Had Trump committed directly the conduct committed by his followers, it would have subjected Trump to direct liability.”

Six additional lawsuits against Trump and others for their roles in the insurrection are also in front of the same court, but haven’t reached the point of being argued yet.
In the three cases before Mehta on Monday, the defendants include Trump, Brooks, Donald Trump Jr., Rudy Giuliani and right-wing groups the Proud Boys and the Oath Keepers. In court, they are distancing themselves from the actions of the crowd on January 6, and asking Mehta to dismiss the cases. According to Trump’s arguments, allowing the lawsuits to go forward would “drastically” chill political speech and prompt dozens of lawsuits aimed at damaging electoral opponents.

Trump and his top advisers haven’t been charged with any crimes. Several leaders in the Proud Boys and Oath Keepers who have been criminally charged with conspiracy have pleaded not guilty.

Department of Justice’s position

The Justice Department will be at the hearing to discuss its views toward the cases, in an important barometer of Attorney General Merrick Garland’s legal approach to…



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