Jonathan Turley States Eric Swalwell is Vindicating Trump
I have a serious question for you: Is there a politician alive today who is dumber than Eric Swalwell?
I don’t believe there is…
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How could there possibly be? This person is a complete moron.
When he isn’t having affairs with Chinese spies, Mr. Swalwell is attempting to “unleash the rage” against President Trump by filing frivolous, expensive, and time-consuming litigation.
Who is going to foot the bill for his new “Capitol Hill/Emotional Burden” lawsuit? It can’t be the American worker, for one thing.
In any case, Swalwell has messed things up once again.
Constitutional Professor and Democrat Jonathan Turley believes Swalwell is on his way to totally vindicating President Trump thanks to his wacky/stunt lawsuit.
Eric, thank you very much!
Swalwell, who has long shown a willingness to go where smarter Democrats hesitate to go, has made what may be his most costly blunder yet.
To begin, his complaint would compel a judge to decide if the defendants’ statements were protected political expression. Swalwell chose the tort of emotional distress, which had previously been dismissed by the Supreme Court, as if to ensure failure. The court ruled 8-1 in favor of the Westboro Baptist Church, a notorious group of zealots who staged homophobic demonstrations at the funerals of slain American soldiers.
“Speech is powerful,” Chief Justice John Roberts wrote in dismissing a lawsuit against the church on constitutional grounds. It has the power to drive people to action, to bring them to tears of joy and sorrow, and to cause great pain, as it did here. We cannot react to the pain by punishing the speaker based on the evidence before us.” “As a nation, we have chosen a different path — to protect even hurtful speech on public issues to ensure that we do not stifle public debate,” Roberts said, distinguishing our country from hateful figures like the Westboro Baptist Church.
Second, Swalwell must prove that Trump caused his injuries in a factual and legal manner. The riot would not have happened if it hadn’t been for Trump, according to Swalwell and others. However, if the case goes to trial, the defense will be able to present “superseding intervening forces” — actions by others that may have caused or led to the Capitol violation. Before even considering legal causation or constitutional issues, a court might rule that Trump was not the “but for” cause of the riot.
Before the House declined to conduct hearings on Trump’s impeachment, including weeks after his “snap impeachment,” it would have been simpler to render fault claims.
Now, amid advance warnings, facts have emerged that implicate Congress in the failure to take sufficient precautions against rioters. Former House officials alleged that an FBI alert was sent only by email a day before the riot, but FBI Director Christopher Wray testified that a warning of plans to storm the Capitol was sent via all of the networks set up for exchanging such information. Furthermore, former Capitol Police Chief Steven Sund testified that he requested National Guard assistance six times but was denied each time; one main official, according to Sund, did not like the “optics” of troops protecting Congress.
Due to delays at both the Capitol and the Pentagon, the Capitol is said to be severely understaffed. Former Acting Defense Secretary Chris Miller has quoted Trump as telling him the day before the riot, “You know what you need to do.” You go ahead and do what you have to do. 10,000 (troops) would be required.”
The timeline of the riot is also becoming more problematic. According to Swalwell’s lawsuit, Trump failed to respond as the abuse escalated. However, as more evidence has become available, the time gap between the violation and Trump’s call for law and order has narrowed to just minutes.
At 1:10 p.m., Trump finished his speech. At 2:12 p.m., the first rioter stormed the Capitol. Trump had a tense call with House Minority Leader Kevin McCarthy (R-Calif.) eight minutes later, who informed him of the violation. Then, at 2:26 p.m., Trump called Sen. Tommy Tuberville (R-Tennessee) instead of Sen. Mike Lee (R-Utah) (R-Ala.). According to Lee, Trump did not seem to be aware of the scale of the rioting. Finally, at 2:38 p.m., Trump urged his supporters to remain calm and support law enforcement. It had been around 30 minutes after the first protester had reached the Capitol.
Trump’s legal team would undoubtedly stress that he not only advised supporters to go to the Capitol “peacefully,” but also made the decision to obey law enforcement about 30 minutes after the first rioters entered the building.
Swalwell’s complaint, according to Turley, accuses Trump of reckless rhetoric, but Swalwell himself may find himself on the witness stand, answering for his own rhetoric.
Among his remarks are mocking threats made against Sen. Susan Collins (R-Maine). As angry demonstrators stormed Collins’s home in 2018, Swalwell, who now claims serious mental distress as a result of the Capitol riot, dismissedively tweeted “Boo hoo hoo.”