this post was submitted on 24 Sep 2024
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The leader of a nonprofit representing the Haitian community of Springfield, Ohio, filed criminal charges Tuesday against former President Donald Trump and his running mate, JD Vance, over the chaos and threats experienced by the city since Trump first spread false claims about legal immigrants there during a presidential debate.

The Haitian Bridge Alliance invoked its private-citizen right to file the charges in the wake of inaction by the local prosecutor, said their attorney, Subodh Chandra of the Cleveland-based Chandra Law Firm.

“Their persistence and relentlessness, even in the face of the governor and the mayor saying this is false, that shows intent,” Chandra said. “It’s knowing, willful flouting of criminal law.”

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[–] orcrist@lemm.ee 19 points 1 month ago (2 children)

It will be difficult to get this past the judge, because the First Amendment generally protects speech, even lies. Specifically inciting violence is not protected, but is this speech vague enough? My gut suggests it is, but we'll see what the courts think.

If the courts OK the charges, there's a passing chance that a jury could convict, because the effects are so clear and shocking. It's easy to make a solid case.

[–] finitebanjo@lemmy.world 8 points 1 month ago

I think it has been clear that Trump and Vance want people to take up arms and attack the Haitians.

He said this during a debate on national television:

You see what's happening with towns throughout the United States. You look at Springfield, Ohio. You look at Aurora in Colorado. They are taking over the towns. They're taking over buildings. They're going in violently. These are the people that she and Biden let into our country. And they're destroying our country. They're dangerous. They're at the highest level of criminality. And we have to get them out. We have to get them out fast. I created one of the greatest economies in the history of our country. I'll do it again and even better.

[–] Donut@leminal.space 8 points 1 month ago (2 children)

Wouldn't it be a slander case? As they are willfulling repeating lies, while showing that they know it's not true (JD saying they have to fabricate stories to get the media to listen)

[–] finitebanjo@lemmy.world 7 points 1 month ago* (last edited 1 month ago)

Unfortunately, time and time again the US Courts have found that Stochastic Terrorism is not illegal.

However, Trump has not done that, Trump has called them a violent existential threat, which seems like a more direct form of terrorism to me.

[–] DudeImMacGyver@sh.itjust.works 4 points 1 month ago (1 children)

That's a civil matter, not a criminal one.

[–] Donut@leminal.space 3 points 1 month ago (1 children)

I'll be honest, I'm not versed in US laws. It's called a citizen criminal case, isn't that the same as civil? Or is that just unlucky phrasing for the uninformed like myself?

[–] DudeImMacGyver@sh.itjust.works 1 points 1 month ago

Criminal and civil courts are separate and have different rules. Civil is for something like if your landlord rips you off, a contract isn't honored, or someone slanders you.

Criminal is like murder, fraud, etc. Not all criminal stuff is as serious as murder, but the burden of proof is higher and the penalties can be more severe (like jail time or even execution).