Trump Supporters On Trial - Encouraged/Predicted by Law Prof

WASHINGTON - Sept. 9, 2024 - PRLog -- Several Trump supporters are about to go on trial for their participation in the "Trump Train" incident when many surrounded and drove their vehicles dangerously close to a Biden-Harris campaign bus as it sped along Interstate 35.

A principal legal basis for the law suit is the Ku Klux Klan Act, which was aimed at curbing racial and political violence.  It makes it illegal for groups of two or more to conspire "to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner" to a candidate for president.

Interestingly, here, each individual defendant found to have acted illegally can - under the principle of joint and several liability - be held liable for any and all of the damages to each and every plaintiff, notes public interest law professor John Banzhaf, who both encouraged and explained the law regarding this incident.
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Joint and several liability makes all defendant in a suit responsible for damages up to the entire amount awarded. In other words, if one party is unable to pay, the others must pay more than their share, and a huge judgment entered on their records can be very harmful to their credit ratings.

The defendants are arguing that their tactics were protected by the First Amendment so that they cannot be found liable.  But U.S. District Judge Robert Pitman has already denied that claim, saying:

"While the First Amendment protects forms of political advocacy, the facts of this case go well beyond protected expressive conduct. . . .  A jury could reasonably find that Defendants unlawfully conspired and drove in a dangerous manner such that they threatened or assaulted Plaintiffs."

The trial comes at a time of mounting fears of political intimidation and potential violence, especially after the recent assassination attempt on the former president, and earlier instances of violence at Trump rallies as well as on campuses as part of protests regarding events in Middle East.

This proceeding, and the publicity it is likely to receive, may discourage further violence as potential conspirators are reminded that they face the risk of the financial and emotional burdens of being named as defendants, and the possibility of a massive civil verdict holding them liable for the harm caused by any in the conspiracy, says Banzhaf, noting that concerns about possible criminal prosecutions clearly are not stopping political violence.

Banzhaf also filed the formal complaint which led to Donald Trump's pending criminal indictment in Georgia.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf