A civil lawsuit filed today turns the tables on Leonard Leo, the Federalist Society’s co-chairman, JaneMayerNYer reports. A protester alleges that Leo instigated his wrongful arrest—for calling Leo “a fucking fascist.”
, in an interview this week with the conservative news site Maine Wire. “Most of these rights that we’re talking about in the Bill of Rights are freedom from government oppression, freedom from government interference, they are political and civil rights.”
Today, however, a civil lawsuit was filed in the U.S. District Court for the District of Maine that turns the tables on the Federalist Society’s co-chairman. Eli Durand-McDonnell is alleging that Leo instigated his wrongful arrest—for calling Leo “a fucking fascist.” The suit, a four-count complaint, doesn’t name Leo as a defendant.
Matthew Morgan, Durand-McDonnell’s attorney, argued that shouting an expletive from a car fell well beneath the threshold needed for such a disorderly-conduct charge, which, under Maine law, requires a law-enforcement officer to witness “fighting words” likely to provoke physical violence. As Morgan put it in a phone interview, “You have the head of the Federalist Society getting a guy arrested for carrying a sign in front of his house. It’s quite an irony.
That day, Durand-McDonnell was released on bail. And last May, prior to trial, the local district attorney dropped the charges against Durand-McDonnell, explaining that he had more important matters to deal with. In an e-mail, Leo ascribed the district attorney’s decision to drop the charges to a “lack of resources.” He also stressed that he had “relied on the police to figure out how best to resolve this.” And he emphasized his contention that “Mr.
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