Former President Donald Trump's lawsuit against Twitter, the concept of private entities as state actors, a new class action lawsuit against Dominion Voting Systems, the risks of state charges for Trump in Georgia, Matt Gaetz's legal team, and Dan Scavino evading a congressional committee subpoena.
Private companies like Twitter are not considered state actors and are not bound by the First Amendment.
Claims that Dominion Voting Systems is a state actor and violated civil rights lack merit.
Proving criminal charges against Trump in Georgia may be difficult due to intent and political considerations.
Deep dives
Former President Donald Trump sues Twitter over First Amendment rights
Former President Donald Trump has filed a lawsuit against Twitter, claiming that the platform violated his First Amendment rights by banning him. He also argues that Twitter broke a new Florida law that prohibits social media companies from banning users in certain circumstances. However, it is generally understood that private companies like Twitter do not have an obligation to provide a platform for individuals, and the First Amendment does not apply to their actions. Trump's argument that Twitter is a state actor acting on behalf of the government is considered weak and unlikely to hold up in court.
Lawsuit against Dominion Voting Systems and potential Rico claims
There is ongoing civil litigation against Dominion Voting Systems, a company accused of conspiring to steal the 2020 election. However, a recent lawsuit claiming that Dominion's cease and desist letters amounted to Rico (Racketeer Influenced and Corrupt Organizations) has been deemed frivolous. The legal theory presented in the lawsuit suggests that Dominion's actions violated individuals' civil rights and constitutes state actor behavior. However, legal experts argue that the claim lacks merit, as companies engaging in lawful legal action to protect their interests cannot be considered state actors.
Georgia criminal investigation into Donald Trump
The ongoing criminal investigation by the DA in Fulton County, Georgia, into former President Donald Trump's actions related to the 2020 election has sparked discussions about potential criminal charges. Scholars at the Brookings Institution have explored the possibility of charging Trump with crimes in Georgia, including violating Georgia Rico statutes and making false claims about the election. However, legal experts express skepticism about the feasibility of proving Trump's intent and whether he genuinely believed in the falseness of his claims. Furthermore, the political nature of the case could influence prosecutorial decisions.
Matt Gates and the continuing investigation
While Congressman Matt Gates has not been criminally charged, his association with Joel Greenberg, who has pleaded guilty to several significant criminal charges, has drawn attention. Greenberg's case has been extended, suggesting ongoing cooperation with prosecutors. Gates has also assembled a high-powered legal team, including attorney Mark MacCasie, known for his association with Donald Trump. Although the hiring of such lawyers might suggest concern, it is not a reliable indicator of imminent charges. Hiring experienced lawyers is a common approach for individuals under investigation.
Dan Scavino's avoidance of subpoena
Dan Scavino, the former president's director of social media, has been evading service of a subpoena from the House committee investigating the January 6th riot. Scavino's avoidance has been taunted on social media, but there are limited practical consequences for evading a congressional committee subpoena. Unlike a trial, where the court may view evasion negatively, there is generally no significant downside to avoiding a congressional subpoena, particularly in a highly politically charged situation like this.
Former President Donald Trump has sued Twitter trying to get back on the platform. His suit says Twitter violated his First Amendment rights and that they broke a new Florida law that purports to prohibit social media companies from being banned in a manner inconsistent with the companies’ internal policies. The thing is, the First Amendment applies to the government restricting free speech and Trump’s theory is that Twitter is a state actor. When would a private entity be considered a state actor? Is there a case to be made that Dominion Voting Systems is a state actor? One group of people thinks so, and they’ve filed a new class action lawsuit against Dominion Voting Systems that says the cease and desist letters the company sent them after the 2020 elections are RICO. Ken, is it RICO?!
Plus: a detailed report on whether Trump is really at risk of state charges in Georgia, Matt Gaetz’s legal team, Dan Scavino evades a subpoena from a congressional committee.
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