Judge Allows Incitement Lawsuit Against Trump to Proceed

A federal judge in Kentucky has allowed a lawsuit against Donald Trump and others stemming from the following incident at a March 1 rally in Louisville:

The lawsuit charges Trump with incitement to riot, vicarious liability, and negligence on the part of Trump and his campaign for calling on the crowd to “get ’em out of here”.

As the court explained

Moreover, after audience members took matters into their own hands, Trump allegedly stated, “Don’t hurt ’em. If I say ‘go get ’em,’ I get in trouble with the press.” Presumably, if he had intended for protestors to be escorted out by security personnel, Trump would have instructed the intervening audience members to stop what they were doing, rather than offering guidance on how to go about it. 

One of the perpetrators said “Trump kept saying ‘get them out, get them out’ and people in the crowd began pushing and shoving the protestors . . . I physically pushed a young woman down the aisle toward the exit . . .”

In sum,the Court refused to dismiss the claim since there was no “obvious alternative explanation” for Trump’s statements.  The court found Trump statements to be at least “implicitly encouraged the use of violence or lawless action;” and that the complaint adequately alleges that Trump’s statement was likely to result in violence most obviously, by alleging that violence actually occurred as a result of the statement.

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