The House Managers Advocating the Impeachment of Trump should Talk about Giuliani’s Incitement of “Trial by Combat”
By
David Gottfried
Trump’s defense counsel are arguing that Trump’s incitement was not really incitement and was fully protected under the First Amendment. They are plainly wrong.
Among other things, the Democratic House Managers should refer to Giuliani’s statement to the mob on January 6, 2021. To ensure that the crowd’s rage reached the boiling point, and then some, he shouted that we needed trial by combat.
This sort of language surely crosses the line and was a clear and present incitement to violence.
Trump is easily liable for what Rudy said pursuant to two legal theories.
First, Rudy can be deemed Trump’s agent. Principals are generally liable for the misdeeds of their agents.
Second, Trump can be liable for Rudy’s comments per the doctrine of “Respondiat Superior,” the rule that an employer is generally liable for the transgressions of his employee. Trump is Rudy’s employer, having agreed to pay him 20 thousand dollars a day to defend him.
(And anyone who would pay such a deranged hot-head 20K a day shouldn’t be trusted to manage the funds of a hardware store, let alone a nation.)