Trump-appointed judge: There is 'a colorable claim of incitement' against the former president

[Yo_Mama_Been_Loggin]

A judge appointed by Donald Trump indicated this week that prosecutors may have sufficient evidence to charge the former president with inciting the January 6th Capitol riots.

As reported by the Washington Post, Judge Gregory G. Katsas, a Trump appointee to the D.C. Circuit Court of Appeals, rejected claims by lawyers representing Trump that a civil lawsuit brought against the former president over the Capitol riots would inhibit future presidents from speaking out on important issues for fear of being sued.

“How many cases will there be with a colorable claim of incitement against the president?” Katsas asked. “It seems like that is not going to hamstring the president in his day-to-day job.”

As defined by Cornell University's Legal Information Institute, a colorable claim is "a plausible legal claim" that "is 'strong enough' to have a reasonable chance of being valid if the legal basis is generally correct and the facts can be proven in court."

https://www.msn.com/en-us/news/politics/trump-appointed-judge-there-is-a-colorable-claim-of-incitement-against-the-former-president/ar-AA151LNP

[Cha]

1. TY.. it always intrigues me

when a Dt appointed Judge follows the Rule of Law.

It must have Dt pulling his hair out.

This is Excellent News!

[AKwannabe]

2. Color me tickled

But not holding breath or will be colored blue…

[dweller]

3. And the color

is Orange , isn’t it ?
🤔


✌🏻

[Hortensis]

4. Yes!! Judge Katsas will also be on the panel 12/12 for a case

threatening to derail nearly 300 Jan 6 felony prosecutions. A crooked judge had dismissed a charge against each of corrupt obstruction of an official proceeding. The reasoning was found invalid and the charge brought anyway, and now it's being challenged.

It sounds like another of the insurrectionists' wild judicial reaches for safety, but it would be awful if it succeeded.

[Johnny2X2X]

5. "ooh, coloring"

"I want to color, Melania, can you get me my crayons?"

"No Eric, you'll just eat them again or get one stuck up your nose like last time."

[ShazzieB]

17. .....

I am picturing this exchange with Melania and Eric as Simpsons-style cartoon characters, and it is just perfect!

[Initech]

6. Uh... he tried to kill half of Congress and his own vice president to maintain power!

No "incitement" here!

[SWBTATTReg]

26. Exactly. There must be extremely tough sentences given out, otherwise these people

will do so again, only next time, it could be worse, much worse.

I'd like to think that we're all very aware of these thugs and what they can do, if unchecked. I feel that when the chips are down, we'll act (us, Independents, some republicans, and the vast majority of Democrats) accordingly and put these people to task.

[SWBTATTReg]

7. I feel that the crime of insurrection should be bought against every one of these thugs

and house representatives and Senators that aided and abetted the insurrection of 1/6. No more pussy footing. No more hesitation. Charge these people and let the juries of their peers decide whether or not they're innocent. I say this because for some reason, Garland is afraid (or seemingly so) to press on w/ charges against the leader of the insurrection himself, djt.

Maybe Smith can show us how it is done.

[calimary]

25. This! They're ALL complicit and every bit as contemptible!

[Genki Hikari]

28. Garland doesn't indict people

That's the job of grand juries.

Good luck trying to tell them what to do.

[Traildogbob]

8. If he is

Indicted and it goes to a jury trial, can you imagine the death threats and mob terror that will be thrust upon each and every single one of them and their families? The jurors will need intense protection for the rest of their lives. Who would be brave enough to serve?

[barbtries]

11. i would not hesitate

though i would probably be excused for cause since i already know he's guilty as hell.

[LetMyPeopleVote]

9. This has been a fun case to follow

One of the claims in this case is based on the KKK Act which could really hit TFG hard

[cilla4progress]

15. How so?

[Genki Hikari]

29. Because it makes it illegal

To attempt to overthrow the government, or to impede the government from carrying out its lawful authority--including anything that interrupts proceedings or harms people and property.

SEC. 2. That if two or more persons within any State or Territory of the United States shall conspire together to overthrow, or to put down, or to destroy by force the government of the United States, or to levy war against the United States, or to oppose by force the authority of the government of the United States, or by force, intimidation, or threat to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, or by force, intimidation, or threat to prevent any person from accepting or holding any office or trust or place of confidence under the United States, or from discharging the duties thereof, or by force, intimidation, or threat to induce any officer of the United States to leave any State, district, or place where his duties as such office might lawfully be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or to injure his person while engaged in the lawful discharge of the duties of his office, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duty

:::snip:::

each and every person so offending shall be deemed guilty of a high crime, and upon conviction thereof in any district or circuit court of the United States or district or supreme court of any Territory of the United States having jurisdiction of similar offences, shall be punished by a fine not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, as the court my determine, for a period of not less than six months nor more than six years, as the court may determine, or by both such fine and imprisonment as the court shall determine.

:::snip:::

SEC. 6. That any person or persons, having knowledge that any of the wrongs conspired to be done and mentioned in the second section of this act are about to be committed, and having power to prevent or aid in preventing the same, shall neglect or refuse to do so, and such wrongful act shall be committed, such person or persons shall be liable to the person injured, for all damages caused by any such wrongful act which such first-named person or persons by reasonable diligence, could have prevented.

https://home.csulb.edu/~cwallis/382/readings/160/ku_klux_klan_act.html

[yankee87]

10. TFG always the victim

Imagine being the president of the United States and always whining and playing the victim card.

[barbtries]

13. and still thinking you're president

after you've moved to FL and someone else moved into the WH.

he's a baby.

[Beetwasher.]

12. It's a Veritable Rainbow, Including Ultra-Violet

No doubt Trump thinks he's talking about Crayons.

[Ford_Prefect]

14. This is really going to get messy before it is over.

Messy is never a good look for the Orange Menace.

[jaxexpat]

16. So, it takes Cornell University's Legal Information Institute to define what every 4 year old....

already knows. When you can't see the lines, the colors get mixed up. Brings legal weight to the concept of "coloring outside the lines".

Should a grand jury be called to determine the correct crayon? By the time our artist enters puberty they may see a "primary" decision, but it should placate concerns of those retentive who tend the reins of justice's unruly steed.

[gratuitous]

18. My reading of the article was that the writer was explaining a legal term

Not everyone is familiar with what a "colorable claim" is, and the Cornell website is authoritative for legal definitions as well as the Federal Rules of Civil and Criminal Procedure.

[jaxexpat]

22. I'd never heard the term until today.

But I am familiar with the countryside around Ithaca. It's quite beautiful and I'm glad to know these guys are on the job. Defining the myriad locutions of those seeking the unobvious is sort of a hobby of mine. One for which I am eminently unqualified. Just ask my sister.

[Evolve Dammit]

19. Does that translate to "He fucking caused a coup against the United States of America." Flowery

language gets us nowhere.

[TlalocW]

20. Do presidents - or at least did Trump

Meet with the people they are going to appoint to judgeships, or is that too many, and except for the "big'uns" like SCOTUS, is it pretty much their advisors making recommendations? Because to me there's should be a difference between Trump fooling himself after talking with someone thinking, "He's my boy," and not meeting judges but still expecting them to know they're in a mob-type relationship with him if he appoints them.

I'm not making excuses for Trump. It's just that I don't want to believe that humankind's capacity for a mixture of stupidity and evil is that high.

[malaise]

21. Indict the Slobfather

RFN!

[musclecar6]

23. Nothing

Ahead for this Jackass, except gloom and doom. So richly deserved.

[bucolic_frolic]

24. Boy, he didn't read the memo /nt

[honest.abe]

27. "colorable" ??

What does that mean?