Thompson v. Trump

After the violent march on the United States Capitol on January 6, 2021, 11 members of the House of Representatives (plaintiffs), including Bennie Thompson, sued former president Donald Trump and certain of his supporters (defendants) for violating 42 U.S.C. § 1985, which prohibited conspiracies to interfere with civil rights. Trump and his supporters moved to dismiss the complaint. When considering that motion, the district court summarized the facts as stated in the complaint. They alleged that Trump started planting seeds about the invalidity of the November 2020 presidential election even before election day, stating that he expected fraud and that he believed the election to be rigged. In a series of postelection tweets, Trump claimed that he lost only because of illegal votes. Trump met with state and local election officials to discuss his complaints but had no success. His efforts were sometimes followed by threatening words and actions by his supporters. For example, after Trump tweeted that Georgia’s secretary of state was an enemy of the people, Trump supporters threatened violence and death against the secretary and his family. Rather than condemning such conduct, Trump tweeted that people had a right to be upset. Dozens of protests against the alleged stealing of the election popped up in cities around the country, with two in Washington DC turning violent and injuring several law-enforcement officers. Because the protests were broadly covered in the news, Trump would have been aware of their occurrence. In December 2020, Trump announced that there would be a rally in Washington DC on January 6, 2021, the day that Congress was to convene to certify the Electoral College votes. That “Save America” rally began early in the morning. Several speakers selected by Trump and his campaign took the stage and riled the people, stating that the election was stolen, that it was time for patriots to act, and that America was great because ancestors were willing to sacrifice their blood, sweat, money, and lives for the democratic cause. Trump took the stage around noon and spoke for 75 minutes, emphasizing that the election was stolen and that it was time for Americans to fight against fraud. Although Trump initially referenced an expectation that his supporters would march on the Capitol to peacefully and patriotically make their voices heard, he subsequently told supporters that it was time to fight before they lost their country. His supporters then marched on the Capitol in a violent fashion, overcoming police and barriers. The congressional session was suspended as the vice president and members of Congress were evacuated to safety. Trump watched the events unfold from the White House, declining to respond to pleas that he call his supporters to leave the Capitol. It was not until several hours later that Trump told his supporters to stand down, tweeting a video saying, “[G]o home. We love you. You’re very special.” Congress reconvened later that evening to certify the Electoral College vote. However, five people had died, dozens had been injured, and the Capitol Building had incurred significant damage.