Essentially, they claim the lawsuit is part of a scheme to oppress white supremacists and hate-minded compatriots.
Lately, they’ve been pushing a self-defense defense. "It's become clear that part of their defense in the case was going to be, 'This is all self-defense,'" Dunn told BuzzFeed. As with their planning, execution, and celebration, however, the defendants left ample evidence of their intent to falsely claim self-defense.
The parties are currently waiting on the outcome of a May 24 hearing: The defendants have made a number of motions to dismiss. None appear viable, thanks in part to the embarrassment of evidence against the defendants. But, in a way, this is a critical juncture, if you recognize the significance of discovery in this case. As I wrote in February, this suit could expose the far-right’s structures, networks, and funding streams.
If Kaplan and Dunn win the case altogether, their victory will do more than set back this particular iteration of the far-right. They’re seeking a declaration from the court that the defendants’ actions deprived the plaintiffs of their civil rights, an order instructing the defendants not to violate rights again, and damages.
The first form of relief—a declaratory judgment—would be a massive coup: It’d mean a federal court specifically stating that what the Charlottesville organizers did was illegal, setting precedent that while not binding would be influential and potentially even deterring future such actions.
The case is a critical test of private citizens’ ability to step in for the Justice Department to enforce civil rights laws the Trump administration won’t. It’s also a rare breed of civil conspiracy case, most closely resembling a suit brought against anti-abortion activists who “doxxed” physicians who provided abortions, leading to multiple murders. If successful, it sets a precedent for bringing similar cases against individuals and groups who conspire online in a similar manner.
I also asked Kaplan about the extent to which the defendants appear interested in playing the case out in public. “They’re clearly trying to do that,” she said. “A lot of the stuff about me is Jew, Jew, Jew, Jew, Jew, lesbian, Jew.” They’re rightfully concerned, I gather, that the Charlottesville jury they’ll face isn’t too likely to be unsympathetic. But Kaplan’s unworried.
“I’m one of these naïve idealists that believes that at least in a courtroom facts really matter,” Kaplan says. “There’s no such thing as fake facts in a courtroom. Evidence has to be admissible and subject to the rules.”
She says it’s not an ideological case about Trump or Obama, but a case about 10 people who were horribly injured. I believe her. But, of course, the ruling will be synecdoche, just as mentioning the events that necessitated it refers not just to an isolated instance in Charlottesville, but the public and violent resurgence of a set of beliefs that had hitherto been almost in abeyance.
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