He's in more serious trouble than you think, Grant.
For one thing, this is a civil case where he is being sued for his negligence. That means it has a lower standards and threshold for conviction.
For another, he is being sued (in no less than 9 suits) under the
Ku Klux Klan Act, a fascinating piece of legislation intended to prevent officials from aiding and abetting violent terrorists, through benign neglect. In other words, by turning a blind eye to their activities or intended activities.
Section 1985(1) covers conspiracies to violently prevent a public official from taking office or to "molest, interrupt, hinder, or impede" the discharge of official duties, among other acts. ... In a reference to the Klan's practice of wearing face-covering hoods, Section 1985(3) prohibits two or more people from traveling in disguise or otherwise conspiring to deprive a person or class of people of equal protection of the law or other legal rights.[30] In addition, Section 1985(3) contains the "support-or-advocacy clauses", which cover conspiracies to harm citizens because of their support or advocacy for a federal candidate for public office.
More to the point is Section 1986:
Section 6 of the Act, now codified at 42 U.S.C. § 1986 and known as "Section 1986", imposes civil liability upon persons who know of a violation of Section 1985 or a planned violation of Section 1985, and who are in a position to prevent it, but who fail to prevent it, fail to attempt to prevent it, or fail to assist in its prevention.[32] While the other sections create a remedy against conspirators who deprived people of their rights, Section 1986 creates a remedy against persons whose acquiescence make such conspiracies possible. Legislators recognized that the Klan's political violence could not continue without tacit approval from local community leaders, and sought to stop the Klan by making community leaders financially responsible for terrorist acts they knowingly fail to prevent.
Section 1986 reads:Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased.
The third thing is that hotel room where Trump's minions were trying to find a way to stop the transfer of power. That alone shows that Trump was interested in stopping the process. And who knows by what means they were considering...
This is what Mehta was addressing when she questioned the lawyers.You have an almost two-hour window where the President does not say, 'Stop, get out of the Capitol. This is not what I wanted you to do.' What do I do about the fact the President didn't denounce the conduct immediately ... and sent a tweet that arguably exacerbated things? Isn't that, from a plausibility standpoint, that the President plausibly agreed with the conduct of the people inside the Capitol that day?
Of course, this is only an preliminary hearing for three of the suits. But if Mehta allows it to go forward, the next phase would be discovery. Which means the lawyers will want all the transcripts, phone records, and such from President Trump on that day, and everything from that hotel room for as many days as they were there. Which means, if they can get them, they are going to find out just how far Trump was willing to go to stop the transfer of power, over many weeks.
Potentially, everything could be laid out for all to see. And I'm pretty sure Trump won't come out of that looking good at all. And doubtlessly quite a bit poorer, to boot.
