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Giuliani's lawyers assert the Capitol was "violently breach[ed]" to "violently terrorize Congress into not engaging in the Electoral Certification.”

By Curt Anderson
May 27, 2021 1:51 pm
Category: Law

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I'm no lawyer, but that sure sound like an insurrection to me and a not very peaceful one. A problem with Rudy's lawyers' arguments is that Trump supporters who showed up to stop the election certification are the unreasonable people who believe Trump actually won the election. That's who Trump incited. Trump has no appeal to reasonable people.


In moving separately to dismiss the Swalwell suit, lawyers for Giuliani argued that “no reasonable reader or listener would have perceived Giuliani’s speech as an instruction to march to the Capitol, violently breach the perimeter and enter the Capitol building, and then violently terrorize Congress into not engaging in the Electoral Certification.” Giuliani’s motion also said his reference to “trial by combat” was clearly hyperbolic, not literal nor meant as an immediate call.
Source: www.washingtonpost.com

Trump for his part isn't arguing that an insurrection didn't happen, just that he has presidential immunity.

The former president has absolute immunity from lawsuits over his official actions while in office, and he was free to urge Congress to take actions favorable to him in its electoral count, his lawyers argued. Source: www.washingtonpost.com

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