January 9, 2023
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3:59Now PlayingThe estate of Brian Sicknick, the Capitol Police Officer who died from a stroke shortly after the Capitol Riot, has sued Donald Trump for his death. Trump has repeatedly tried to argue in suits related to the riot that he is immune from liability because he was acting as President, but so far those claims have not been successful in getting cases thrown out. Ring of Fire's Farron Cousins discusses this new lawsuit.
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*This transcript was generated by a third-party transcription software company, so please excuse any typos.
The estate of Capitol. Uh, police officer Brian Sickney, who of course died the day after the Capitol riot in 2021. He suffered a stroke on January 7th, 2021 and died as a result of that. Uh, but his estate is now suing Donald Trump for allegedly inciting the riot that led to the stress that caused the stroke that killed him. They're also suing two other convicted capitol rioters, one of whom was convicted of using bear spray on officer sick Nick. And of course, that kind of stress to the body combined with all of the other physical assault that sick, uh, cynic suffered that day can absolutely lead to a stroke. So there's really not any question about whether or not this seemingly healthy man suffered a stroke the day after the Capitol riot because of what happened that day. That that's a pretty established fact at this point. But it's the involvement of Donald Trump.
That is interesting. Now, Trump has been sued by many, many other groups for, again, allegedly inciting the riot that day. Each time he has been sued, he has gone to court via his legal team. He hasn't physically shown up to argue that, listen, when I gave that speech at the ellipse that stopped the steel rally, I was speaking as the President of the United States and as the President of the United States, I can say whatever horrible, stupid thing I want and I cannot be sued for it. And that is true. That is absolutely 100% true to a degree. And and there's a distinction I'll make in just a minute, but the President cannot be sued for what they say. They cannot be sued for the policies that they enact. They do have that degree of immunity. The difference is the stop the Steal rally was not an official Donald J. Trump as president of the United States event.
And it has been successfully, by the way, argued in court that Donald Trump was not speaking at that rally as the president. He was speaking as a candidate who was still hoping to overturn the results of the election and win the election as a result of that, because the goal was for him to win that election. That is in the eyes of the law, at least. It should be a campaign event. Campaign speech is not protected. There is no immunity for campaign speech, there is for presidential speech. So that is the, uh, distinction that will have to be made in this lawsuit just as it has been made in the other
Lawsuits. But again, I think that's also pretty straightforward. What was the intention of the speech? Was the intention of the speech to inform the public at large of activities by the president activities for the country? No, the goal of the speech was to win an election. Even if that election had already happened, he still thought he could win it, which was the point of the speech, which is why I don't think they'll have too much of a problem convincing a court that Trump does not have immunity and that he should stand trial for what happened to Officer Sickney.
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