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Judge mulls whether Trump?s silence on Jan. 6 could amount to ?agreement? with rioters


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Positivity     38.00%   
   Negativity   62.00%
The New York Times
SOURCE: https://www.politico.com/news/2022/01/10/trump-immunity-jan-6-526839
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Summary

“Isn’t that, from a plausibility standpoint, enough to at least plausibly infer that the president agreed with the conduct of the people that were inside the Capitol that day?Mehta’s questioning prompted Trump’s attorney, Jesse Binnall, to push back, forcefully arguing that Trump can’t conceivably face legal consequences for actions he did not take.“The president cannot be subject to judicial action for any sort of damages for failing to do something,” Binnall said.The exchange was potentially the most significant in an explosive — and lengthy — hearing on three lawsuits filed against Trump for his actions leading up to and on Jan. 6. However, the judge seemed more open to the Trump camp’s arguments that his statements on Jan. 6 were political and had at least some relation to his official duties.“Where would you have a court draw the line?” Mehta asked Joseph Sellers, a lawyer representing Democratic lawmakers pressing the suit.Sellers insisted that while some cases about presidential statements could be open to debate, extreme calls by a president for illegal action against the government had to be outside the scope of the special protection that courts have accorded to the chief executive.“By Mr. Binnall’s argument, the president could promote treason in a public forum and the court would be powerless to assess whether his conduct … was immune.

As said here by Josh Gerstein, Kyle Cheney