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In re Trump

United States Court of Appeals, Sixth Circuit

November 1, 2017

In re: Donald J. Trump; Donald J. Trump for President, Inc., Petitioners.

         17-510

         On Petition for Permission to Appeal

         17-5830

         On Petition for a Writ of Mandamus

         United States District Court for the Western District of Kentucky at Louisville. No. 3:16-cv-00247-David J. Hale, District Judge.

         ON PETITIONS:

          Michael A. Carvin, Anthony J. Dick, Vivek Suri, JONES DAY, Washington, D.C., for Petitioners in 17-510 and 17-5830.

         ON RESPONSE:

          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 Judge [*]

          ORDER

          McKEAGUE, Circuit Judge.

          At a 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.

         The district court denied in part Trump's motion to dismiss, holding the complaint stated a plausible claim for "incitement to riot" under Kentucky law.[1] 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. ยง 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 ...


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