Trump & The NFL

An interesting observation:

The section in question is U.S. Code, Title 18, Part 1, Chapter 11, Section 227. If any player is damaged (in the legal sense — loses money because they are benched or terminated for protesting), they should have standing for a complaint. It’s not civil, so the president is not sheltered whilst in office.

Trump is a covered person. (b)(3) specifically lists the president. So there’s no quibbling on this count.

(a)(2) is a point where linguistics can be argued. “influences, or offers or threatens to influence, the official act of another,” — he has threatened to eliminate tax exemptions which is threatening to influence the official act of another to eliminate {not withhold, the term used in (a)(1)}

And the big argument – (a) “with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity” (emphasis is mine). Is his threat solely on the basis of political affiliation?

News organisations targeted by Trump may have a case under the same law. It’s a reach, but they may have a better case for Trump’s threats to be based “solely” on political affiliation (although Trump isn’t doing anything from political affiliation. He’s doing it from Trump affiliation). I don’t think any network has been sufficiently harmed (yet) so as to show damages, so that argument is moot. He pulls a Nixon and starts challenging licenses, though … there’s precedent that legal fees and such don’t constitute damages. Loss of advertising revenue?

 

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