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    Trial begins in alleged ‘Trump Train’ ambush of Biden-Harris bus in 2020

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    A jury trial opening in Austin, Texas, on Monday will seek to hold Trump supporters accountable for allegedly ambushing a Joe Biden-Kamala Harris campaign bus on the state’s main highway in the run-up to the 2020 presidential election.Plaintiffs in the lawsuit allege they were terrorised and intimidated for more than 90 minutes as they took a bus tour canvassing for the Democratic ticket in the final days of the election.At least 40 vehicles flying Make America great again flags formed themselves into a so-called “Trump Train” and encircled the bus, trying to run it off the road and playing what the suit claims was a “madcap game of highway ‘chicken’”.The plaintiffs, who include the bus driver, a Biden campaign staffer and Wendy Davis, the former Texas senator and Democratic gubernatorial candidate, say they were forced to cancel campaign events for fear that the intimidation would be repeated. They are pursuing punitive damages under both Texas law and the Ku Klux Klan Act of 1871, a federal statute from the Reconstruction period designed to end political violence and voter intimidation.Lawyers for the plaintiffs say the trial is a test of modern democratic safeguards.“The violence and intimidation that our plaintiffs endured on the highway for simply supporting the candidate of their choice is an affront to the democratic values we hold dear as Americans,” said co-counsel John Paredes, a litigator for Protect Democracy, one of the groups bringing the case.Monday’s case, Cervini v Cisneros, is one of the most substantial legal battles arising from acts of alleged political intimidation by Trump supporters in the 2020 election besides the 6 January 2021 insurrection at the US Capitol. Hundreds of criminal prosecutions have been brought around the events of January 6; by contrast, the Texas trial is a civil lawsuit brought in pursuit of damages by the plaintiffs.But it is extensive in scale, with five named defendants and an unknown number of additional unidentified John and Jane Does alleged to have been involved in a conspiracy to terrorise the Biden-Harris campaigners.The suit accuses the defendants of using force to intimidate a political opponent, claims they engaged in civil assault as well as civil conspiracy designed to stifle the political voice of the Biden-Harris campaign, and calls for punitive damages and compensation.Trouble began almost immediately after the Biden-Harris campaign announced it was staging a three-day “soul of the nation” bus tour through Texas on 27 October 2020. The tour was to take Biden surrogates to a number of featured rallies and gatherings.By 28 October, chatter had begun on social media platforms among Trump supporters calling for the formation of “Trump trains” – gatherings of trucks and other vehicles to demonstrate support for the re-election of the then Republican president. One Trump train member in Alamo posted that day that they should “flood the hell out of them”, in a reference to the Biden-Harris bus.That afternoon the then president’s son, Don Trump Jr, posted on Twitter (now X) an invitation to Trump supporters to assemble. He wrote: “It would be great if you guys would all get together and head down to McAllen and give Kamala Harris a nice Trump Train welcome. Get out there. Have some fun. Enjoy it.”Flag-waving trucks driven by Trump supporters began to follow the Biden-Harris bus on 28 and 29 October. One of the vehicles was decked out as a “Trump hearse”, and said on its bodywork that it was “collecting Democratic votes one dead stiff at a time”.Larger numbers of cars convened on Friday 30 October, with some Trump supporters attracted to the melee because they thought, wrongly, that Kamala Harris would be onboard the Democratic bus that day (she was in fact campaigning in McAllen and Fort Worth). The suit claims a group of Trump supporters conspired to ambush the bus on a stretch of Interstate 35 between San Antonio and Austin.skip past newsletter promotionafter newsletter promotionThe vehicles in the Trump train swarmed around the tour bus, coming within inches of it and forcing the driver to slow to a crawl. Several of the participants livestreamed their actions on social media, bragging about their aggressive driving, the plaintiffs allege.One of the defendants, Eliazar Cisneros, is accused of side-swiping an SUV being driven by a Biden-Harris campaign staffer behind the bus. The complaint says that Cisneros later boasted about “slamming that fucker”.The occupants of the bus pleaded with police to provide an escort but none appeared. A separate case, Cervini v Stapp, was settled in October with local law enforcement admitting that they had fallen short of their standards and agreeing to pay compensation to those whose safety they failed to protect.The suit claims that the plaintiffs have suffered “ongoing psychological and emotional injury”. The bus driver, Timothy Holloway, was so traumatised that he gave up his tour bus business and has stopped driving buses.Wendy Davis, who is best known for the 11-hour speech she made in the Texas senate in 2013 to filibuster an anti-abortion bill, said she suffered “substantial emotional distress”. She feared speaking publicly about her experiences in the bus as it might put her at risk of physical harm from Trump supporters.At the trial, lawyers for the plaintiffs will make the case that while free speech is protected under the first amendment of the US constitution, intimidation and threats against people with different political beliefs is not. “Where groups are permitted to terrorize those with whom they disagree into forgoing their constitutional rights, the functioning of our democracy demands accountability,” the lawsuit says. More

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      Austin resolution aims to ‘decriminalize’ abortion if Roe v Wade is overturned

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      Austin resolution aims to ‘decriminalize’ abortion if Roe v Wade is overturnedGroup of city council members seeks to protect patients from criminal prosecution if supreme court ends abortion rights A group of Austin, Texas city council members is preparing a resolution to “decriminalize” abortion there in the event the US Supreme Court overturns Roe v Wade, a landmark case decided nearly five decades ago that protects the federal right to terminate a pregnancy.An unprecedented leaked supreme court draft decision showed a conservative majority of the nine justices are open to reversing Roe v Wade entirely. If that happened, 26 states would be certain or likely to ban abortion, including in Texas. The state has a “trigger” ban that would almost immediately ban abortion.A final supreme court decision is expected in June.“The resolution does two things – one, [it] restricts city funds from being used to essentially investigate any kind of alleged abortion crimes,” said José “Chito” Vela, an Austin councilman. “The other thing it does is to make the investigation of any abortion-related crime the lowest priority for our police department.”The resolution seeks to protect patients and medical professionals from criminal prosecution and would also advise Austin police not to assist other law enforcement, such as state police, in such investigations.Texas has already proven to be a legal pioneer in restricting abortion. The state banned abortion after six weeks gestation, before most women know they are pregnant, through a novel law that allows citizens to sue anyone, anywhere who “aids or abets” a woman in terminating a pregnancy.“We need them focusing on historically classic criminal activity – not politically disfavored groups that factions in the government want to harass and punish,” said Vela. “That’s the real core of what we’re trying to do.”Mainstream anti-abortion groups have long argued they oppose prosecution of women and cast women as victims of abortion providers. Similarly in Texas, the trigger ban would make the performing of an abortion a first degree felony punishable by up to 99 years in prison, an article likely to heavily impact medical providers.However, a vocal minority of abortion “abolitionists” , a word appropriated from anti-slavery campaigners, have also recently pushed lawmakers to classify abortion as murder.In May, Louisiana lawmakers considered a bill to charge women who have abortions with homicide. “We all know that it is actually very simple – abortion is murder,” one of the bill’s supporters, state representative Danny McCormicktold colleagues, according to CBS News. The bill was pulled after it failed 65-26.Although many anti-abortion groups say they oppose prosecution of women, anti-abortion restrictions and rhetoric have nevertheless resulted in more than 1,600 instances of women since 1973 being, “arrested, prosecuted, convicted, detained, or forced to undergo medical interventions that would not have occurred but for their status as pregnant persons,” National Advocates for Pregnant Women said in a recent brief to the supreme court.At least one recent, high-profile example from Texas, 26-year-old woman Lizelle Herrera was charged with murder via “self-induced abortion”, a criminal statute that does not appear to exist. Charges were dropped after public outcry. The prosecutor apologized.Austin’s Guarding the Right to Abortion Care for Everyone or “Grace” Act is still in draft form, and text is not expected to be immediately released. Vela said the council would likely consider the act after the supreme court releases its final decision in the highly anticipated abortion case.It is a case out of Mississippi, formally called Dobbs v Jackson Women’s Health Organization, in which the southern state has argued that the court should use the case to overturn Roe.“Whatever your thoughts on abortion, criminal prosecution of women who have abortion is absolutely unacceptable and abuse by the criminal justice system,” said Vela. TopicsTexasAustinAbortionUS supreme courtLaw (US)US politicsnewsReuse this content More

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      Austin warns of ‘catastrophe’ as Texas again becomes epicenter of pandemic

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      AustinAustin warns of ‘catastrophe’ as Texas again becomes epicenter of pandemicCity implores residents to stay home, mask up and get vaccinated as ICU capacity in hospitals dwindles to single digits Alexandra Villarreal in Austin, TexasMon 9 Aug 2021 02.00 EDTLast modified on Mon 9 Aug 2021 02.01 EDTWith Covid-19 cases skyrocketing exponentially and intensive care unit capacity in hospitals dwindling to single digits, officials in the Austin area are warning of “catastrophe” as Texas again becomes an epicenter of the pandemic.Austin’s local governments issued an urgent message through their emergency notification system Saturday, imploring residents to stay home, mask up and get vaccinated.The entreaty comes mere days after Austin Public Health elevated its risk-based guidance to stage 5, the highest possible tier.“The situation is critical,” Desmar Walkes, Austin-Travis county’s health authority, said in a statement. “Our hospitals are severely stressed and there is little we can do to alleviate their burden with the surging cases.”The Texas trauma service area that includes Austin only has six available ICU beds, 499 available hospital beds and 313 available ventilators – a stunning dearth of resources for a population nearly 2.4 million strong.In Austin’s metropolitan statistical area, 510 Covid patients are currently hospitalized, 184 are in the ICU, and 102 are on ventilators.About a third of recent hospitalizations have been among patients younger than 50, underscoring the Delta variant’s serious threat to younger Texans who have opted against vaccination.“Hospital bed availability and critical care is extremely limited in our hospital systems, not just for Covid-19 patients, but for anyone who may need treatment,” Walkes said. “The community has to come together again and stave off disaster.”As a whole, Texas currently ranks second behind Florida for the highest daily average Covid-19 cases, with infections up 134% over the last 14 days. And between early February and mid-July, roughly 99.5% of Texans who died from the virus were unvaccinated, the Texas Tribune reported.In Austin’s Travis county, almost 64% of kids and adults 12 and older are fully vaccinated, compared to about 53% statewide. But in some neighboring counties and suburbs, vaccination rates are even lower than the state average.Recently, San Antonio’s Bexar county had its daily average caseload jump by more than 300%, according to the New York Times. And infections are also surging in Houston’s Harris county, where only about 56% of those 12 and older are fully vaccinated and the 14-day average test positivity rate is a whopping 17.7%.Meanwhile, local officials who want to implement proven public health measures to mitigate the spread have been hamstrung by Texas governor Greg Abbott, who has implemented a sweeping order restricting vaccine and mask mandates.But some public servants, like Houston mayor Sylvester Turner, have simply defied Abbott’s order despite threats of retribution.“The governor is preventing the city from keeping kids and adults safe,” Austin city council member Alison Alter told the New York Times. “He’s going to have a lot of deaths on his hands here. This is a matter of life and death for our community.”TopicsAustinTexasCoronavirusUS politicsnewsReuse this content More