While a lot of people may remember the incident of a Biden-Harris bus surrounded by drivers of a Trump Train during the 2020 General Election cycle, few might realize that they broke no driving laws so were never charged so Biden and Harris (apparently) shopped for a judge that would allow them to apply a KKK era law to sue them.
Former college swimmer Riley Gaines, of the University of Kentucky NCAA swim team who lost out to a male pretending to be a woman now has her own podcast, Gaines for Girls.
In a recent episode she featured guest Joeylynn Mesaros who shared her experience of being involved in a civil lawsuit brought by officials of the Biden administration and Democrat politicians. The lawsuit came after an incident in 2020 where Mesaros, and others, drove alongside the Biden campaign bus with Trump flags. The plaintiffs claimed emotional distress, but Mesaros sees it as an attempt to suppress free speech. In her interview she discussed the challenges she has faced, including being labeled as a political extremist and receiving death threats. Despite these obstacles, she remains committed to fighting for free speech rights.
“Joe Biden’s LAWFARE Against Trump Supporters | Joeylynn Mesaros | Gaines for Girls with Riley Gaines” – OutKick
U.S. District Judge Robert Pitman recently released a lengthy opinion explaining why “Trump Train” participants are heading towards trial in a Ku Klux Klan Act lawsuit filed over the October 30, 2020 surrounding of a Biden-Harris bus on I-35 in Texas. He wrote in his opinion that a “reasonable jury” could find “force, intimidation, or threat[s]” were used to “interfere with Plaintiffs’ rights to support or advocate for their candidates for President and Vice President” and that the claim can survive without a “showing of racial or class-based animus.”
Judge Pitman also denied summary judgment motions that were filed by defendants Eliazar Cisneros, Joeylynn Mesaros, Robert Mesaros, and Dolores Park, siding with the KKK Act, civil conspiracy, and civil assault plaintiffs Wendy Davis — a Democratic former member of the Texas Senate — former Biden-Harris campaign staffer David Gins, and bus driver Tim Holloway. This now sets the stage for a September trial, nearly four years after the incident that triggered this case.
Pitman, is an appointee appointed under former president Barack Obama (D) appointee. The Vote Smart website shows his life partner is one David Smith. The website ALM |Law reports, “Pitman was the first openly gay U.S. attorney in Texas and the first openly gay judge on the federal bench in the Fifth Circuit.”
Pitman initially issued his ruling under seal, but his public filing shows his view is that the KKK Act of 1871 “establishes an independent substantive right to engage in support or advocacy in federal elections that extends beyond the act of voting” itself. He wrote:
“Although the methods of political intimidation may change over time and require adapting the Klan Act to new contexts, the conduct alleged here requires no such adaption; the Defendants’ alleged conduct is similar to a type of political violence that the Klan engaged in at the time of the Act’s enactment,” Pitman wrote in one part of the ruling, providing an example from 1868 of where a wagon full of 36 Republican ‘young ladies’ on the way to a political rally crashed due to an act of ‘Ku-Klux treachery’”.
The Biden-Harris bus did not crash but plaintiffs allege they feared that was a possibility. A video from that day showed there was a collision between a car directly behind the bus driven by a Biden-Harris staffer and the truck driven by Cisneros.
The judge wrote in his opinion Cisneros “later described” that collision as “‘me slamming that f****r’ and ‘welcom[ing] him properly to Texas.’”
Cisneros argued what the Biden-Harris associated plaintiffs called an “ambush” and “assault,” among “other choice words,” was actually a “Trump Train” which is an exercise protected in First Amendment rights as “a demonstration of support for their favorite candidate for President of the United States,” Donald Trump. However, the judge wrote that the First Amendment is not a shield for “allegedly threatening Plaintiffs with reckless driving” just like the First Amendment “does not protect a driver waving a political flag from running a red light” or somehow transform that violation into “expressive conduct.”
“A jury could reasonably find that Defendants unlawfully conspired and drove in a dangerous manner such that they threatened or assaulted Plaintiffs,” Pitman wrote. “If a jury accepts these allegations, Defendants’ First Amendment defense must fail because assaulting, intimidating, or imminently threatening others with force is not protected expression. And to the extent that Defendants’ conduct contained any pure speech, such speech would also be excluded from First Amendment protection because it was incidental to tortious behavior or constituted a true threat.”
CONCLUSION:
This seems to be yet another example of Democrats shopping for a progressive liberal judge to accommodate their abuse of the law which leads to the modern day phenomena of “lawfare”. It is up to local law enforcement to determine reckless, unsafe, or illegal driving practices, not a civil court judge listening to hearsay.
I feel mentally fragile every time a Democrat takes office and my wallet gets more empty but that does not give me grounds for a civil suit against the DNC!
Realistically this is just another example of liberal Democrats trying to use the law to intimidate conservative Republicans. It is an inappropriate case filed in a lower court that would not stand up in a higher court.
Because Trump supporters made you feel scared because they outnumbered you and surrounded you does not entitle you to damages! If Judge Pitman was not in on the ruse, he should have told the plaintiffs to get over themselves and grow up and, “Case dismissed!”
Judge Pitman is now guilty of partisanship on the bench. He is trying to apply a law intended to prosecute racism where no racism occurred which means he, once again, is another Democrat trying to portray Republicans as racists. He, himself, is thus guilty of malpractice as anybody can see the wrap on the Biden-Harris bus would not have allowed anybody outside to know what color the occupants inside were.
You can view the incident here:
“FBI investigating ‘Trump Train’ swarming Biden bus on Texas interstate: Report” – Fox News
Copyright © 2024 by Mark S. Schwendau
