Question
here is the nexus between constitutional law and Intentional torts. The former President has stated repeatedly that he won the election of 2020, and has
here is the nexus between constitutional law and Intentional torts. The former President has stated repeatedly that he won the election of 2020, and has stated publicly, that the election was stolen from him. All of the facts from both conservative and liberal news sources have repeatedly stated that Joe Biden won the election of 2020. So the former President gave a rally in front of the White House on January 6th, the day that Congress was in session to certify the Electoral College votes from the states as to who won the election. The former President repeated these claims in front of a crown at the ellipse in front of the White House.
There is a procedure in place for the Vice President and the House of Representatives to verify the Electoral College votes as stated by the states. Members of the Senate must walk into the House to ally with members of the House to state that they do not believe that the way in which the states determined their electoral vote was within the state's rules and regulations. The tally moves state by state in alphabetical order. Sen Ted Cruz walked into the House chamber and teamed with Republicans to dispute Arizona's tally of its Electoral votes. Meanwhile, the former President was telling people that the election was stolen, and actively encouraging his supporters with the following words: "We will not take it anymore, and that's what this is all about. To use a favorite term that all of you people really came up with, we will stop the steal." He then said, "after this, we're going to walk down there, and I'll be there with you, we're going to walk down ... to the Capitol and we are going to cheer on our brave senators and congressmen and women." So the supporters ( without the former President, by the way") went to the Capitol and raided it, entering into the proceedings, threatening the life of the Speaker of the House, the former Vice President, and several members of Congress. A depiction of the events of January 6th of this year is given in this article from USA Today.
Link - https://www.usatoday.com/in-depth/news/2021/01/06/dc-protests-capitol-riot-trump-supporters-electoral-college-stolen-election/6568305002/(Links to an external site.)
So, my question is, based on your readings in chapter 5 of out text, the lecture that I have given in chapter 5, and the Wiki page on this chapter, did the former President commit an intentional tort?
Please answer the following questions in this order:
1. What is an intentional tort?
2. Were the former President's words an intentionally tortious act?
3. Could the former President be held liable in a civil suit for assault and battery?
4. Could there be any kind of defense to the former President's words that could be used to excuse these actions? Please watch this video before answering this question.
Link- https://lawshelf.com/videocoursesmoduleview/defenses-to-intentional-torts-module-3-of-5/
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started