For right now, this is just kind of lying there sleeping in the weeds, but you may be hearing a whole lot more about it next week, especially with the Senate on a week long break.

There was so much legal catastrophe for Trump last week that it’s hard to even know where to start, and I covered oodles of it. One of the things I covered was a Friday DC district court ruling that a civil lawsuit initiated by several Democratic House members, along with several DC and Capitol Hill police officers, holding Trump personally responsible for damages in inciting the riot had merit and could continue to the discovery and deposition phase.

While I covered it, it didn’t have a lot of pizzaz to it, since it was just a preliminary ruling allowing the base to go forward. Also the ruling was a mixed bag, with the judge allowing portions to move forward, while throwing out some charges, such as accusations against Don Jr. and Rudy Giuliani for their role. With all of the legal mumbo jumbo, and sorting through what was in and what was out, it was easy for me, and apparently pretty much everybody else to miss a true bombshell in the Judge’s ruling.

In one portion of his ruling, the judge rules that Trump had Violated the KKK Act of 1871. In his ruling the judge stated that Trump’s divisive rhetoric basically unleashed a racist mob on the Capitol, whose goal was to Deprive millions of African American voters, whose support was critical to Biden from having their votes counted and their voices heard.

I know, how did everybody miss this? I think I know why. The original suit was expansive, they cast as wide of a net of accusations as possible with the goal of scoring on at least some. And they did. And the allegation that Trump had violated the KKK Act was just one of them, although it was prominently noted by the media when the lawsuit was filed. This is what happens when there are too many trees for the forest to hold.

This is huge for several reasons. Just a brief recap. The KKK Act of 1871 was specifically enacted to stop KKK vigilante mob action to stop blacks from voting, and newly elected blacks from actually performing their job. The KKK Act was prominently featured in the Charlottesville lawsuit holding the far right organizers responsible for the carnage of the Charlottesville riot. You know, the one with Many fine people on both sides?

Here’s a little about why this is so critical for the lawsuit. First, because this is an actual federal law, it is sure to become one of the centerpiece charges if the case goes to trial. Next, remember that this is a civil trial, so the plaintiffs only have to prove guilt by a Preponderance of evidence, a much lower bar than the criminal Guilt beyond a reasonable doubt. And one more. Since this trial, if there is one will take place in a DC federal district court, I can pretty well guarantee you that the racial outlook of a future won’t be the atrocious 11-1 white jury that heard the Georgia Ahmad Arbery case.

There is one small thing that concerns me with the ruling. It is almost certain that Traitor Tot will use his bargain basement lawyers to appeal the decision. I’m no lawyer, but it kind of seems to me that the judge may have fornicated the canine in his wording. In regards to the KKK Act, the judge certainly could have said that there was sufficient legal cause for that portion of the suit to proceeds to discovery and deposition. But apparently the judge wrote that Trump had Violated the KKK Act of 1871. My fear is that Trump’s lawyer, if he has one with his head out of his ass, could argue to the appellate court the judges use of the word violated in his decision basically makes it impossible for Trump to get a fair trial on that charge, since the judge’s ruling has already convicted him.

There are miles to go before we sleep on this one. But here’s one bonus freebie about why this is disastrous for Trump. In finding from the bench that Trump had violated the KKK Act of 1871, the judge basically made it almost impossible for the DOJ to not open an investigation into whether or not Trump could be charged either civilly or criminally for violations of the Act. Good times ahead. Don’t touch that dial.

 

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3 COMMENTS

  1. Be sure that someone informs Mr MG. All the reasoning in the world means jack squat if he doesn’t act. 13 months & counting. CRICKETS! Guess it gives political junkies things to talk about.

  2. I just don’t see this particular one getting much mileage. It will be tough to prove the entire point of 6 January was to deprive certain races of their vote. Let’s face it, MILLIONS more people wanted former guy out of office and in all honesty I seriously doubt if those millions were only people of color–white suburban women crossed the party line in droves and I’m pretty sure people who noticed just what a complete and utter f*ck up he was during the pandemic joined them regardless of their race, sex, etc. Former guy did not think any person would not vote for him–that’s is how clueless he is. Yes, he is a racist, bigot, misogynist, etc. but more than that he is an extreme narcissist and that is likely what drove him to his attempt at overthrowing our government.

    I’m pretty sure Garland will realize this also and figure this is not worth pursuing. Not as a violation of the KKK Act.

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