In re: Donald J. Trump; Donald J. Trump for President, Inc., Petitioners.
Petition for Permission to Appeal
Petition for a Writ of Mandamus
States District Court for the Western District of Kentucky at
Louisville. No. 3:16-cv-00247-David J. Hale, District Judge.
Michael A. Carvin, Anthony J. Dick, Vivek Suri, JONES DAY,
Washington, D.C., for Petitioners in 17-510 and 17-5830.
Gregory A. Belzley, BELZLEY BATHURST ATTORNEYS, Prospect,
Kentucky, David N. Ward, CLAY DANIEL WALTON & ADAMS, PLC,
Louisville, Kentucky, for Respondent in 17-510.
Before: McKEAGUE and WHITE, Circuit Judges; HOOD, District
McKEAGUE, Circuit Judge.
campaign rally in Louisville, Kentucky, on March 1, 2016,
then-presidential candidate Donald J. Trump responded to
protesters by stating, "Get 'em out of here, "
followed closely by, "Don't hurt 'em-if I say go
'get 'em, ' I get in trouble with the
press." Apparently, the latter admonition either went
unheeded or came too late. Allegedly in response to
Trump's initial statement, three protesters were
assaulted by three Trump supporters. Those three protesters,
now plaintiffs in this action, filed a complaint in Kentucky
state court against several defendants, including Trump.
Trump removed this action to federal district court.
district court denied in part Trump's motion to dismiss,
holding the complaint stated a plausible claim for
"incitement to riot" under Kentucky
Ordinarily, such an order is not appealable. However, this
petition comes to us under a well-established exception
because the district court certified its order for
interlocutory appeal under 28 U.S.C. § 1292(b). Thus,
the issue before us is whether, in our discretion, we should
permit the appeal so that this court can consider the merits