1901: Disgruntled laborer shoots, kills President

Assassination of President McKinley by T. Dart Walker, c. 1905
Library of Congress

In Buffalo, New York, this week, I felt obliged by recent events to seek out the place where Leon Czolgosz fatally shot President William McKinley in 1901.

Contemplating Thomas Crooks's still unknown motive for shooting President Donald Trump in Pennsylvania on July 13, I thought about something Bill O'Reilly told Jon Stewart on The Daily Show last week: that every U.S. presidential assassin has been mentally ill.

I wasn't sure about that. After some looking into it, I suppose the accuracy of the assertion depends on what one means by mentally ill.

One could argue that anyone with ambiguous motive to murder a President is mentally unwell. Indeed, an "insanity" argument was made in the criminal defense of Czolgosz for the 1901 shooting of McKinley. The defense hardly slowed the conviction. Inside of two months from the shooting, Czolgosz was executed.

Site of President McKinley assassination, Buffalo, N.Y., 2024
RJ Peltz-Steele CC BY-NC-SA 4.0

So in informal terms, O'Reilly probably is right. In clinical terms, we don't have enough data to be sure of the mental state or diagnosis of past assassins. Experts have disagreed about Czolgosz. Then there's the legal concept of "insanity," having to do with capacity to differentiate right from wrong. Czolgosz knew what he was doing; I don't think O'Reilly meant to say otherwise.

Czolgosz was attracted to radical socialism and then anarchism because he lost his job in an economic crash when he was 20—the same age as Crooks when his life ended. Czolgosz couldn't find consistent work amid the labor turmoil of the ensuing depression in the 1890s. Born into a Polish-immigrant family, he became convinced that the American economic system was rigged to favor the establishment over the working class. Hm.

Czolgosz learned that socialists and anarchists in Europe were struggling with similarly entrenched economic inequality as royals endeavored to maintain their traditional grip on social order. European anarchists had resorted to assassination as a means to express their displeasure and spark reform. However, bolstering O'Reilly's theory on Czolgosz's mental state, even American socialists and anarchists raised, no metaphorical pun intended, red flags over Czolgosz.

Pan-American Exposition, by Oscar A. Simon & Bro., 1901
Library of Congress

In his second term as President, McKinley was in Buffalo for the Pan-American Exposition, a kind of world's fair. He was riding a wave of national optimism upon consolidation of American power in the hemisphere. It was in McKinley's first term that the United States seized Puerto Rico, Guam, and the Philippines from Spain after substantially prevailing in the Spanish-American War. 

McKinley was keen to attend the exposition, because he saw political promise in associating himself with American prosperity and invention. The 342-acre exposition featured the latest engines, the hydroelectric power of nearby Niagara Falls, and an "Electric Tower" framed by the newly proliferating magic of light bulbs. 

No doubt McKinley's exposition strategy galled Czolgosz. In a morbid irony, when Czolgosz was executed in October 1901, it was by electric chair.

Reenactment in Porter's Execution of Czolgosz (1901).
Library of Congress

Like President Trump, McKinley liked being up close and in person with his public, despite the exposure to risk. McKinley's security staff, of course, knew of the anarchist assassinations in Europe and the organization of anarchism in the United States. McKinley's top adviser twice canceled the appearance of the President at the exposition's Temple of Music, for fear he could not be protected there. McKinley overruled the cancellations. That's where he was shot.

Like Crooks, Czolgosz intended to shoot the President while he was giving a speech, the day before the Temple of Music event. But the crowd at the speech was too dense, and Czolgosz didn't think he could make the shot. So instead, he approached the President in a receiving line at the Temple of Music and shot him at close range. Czolgosz's first shot only grazed the President. The second struck McKinley in the abdomen and resulted in death two days later.

Fordham Drive, Buffalo, N.Y., 2024
RJ Peltz-Steele CC BY-NC-SA 4.0

Like Crooks, Czolgosz was recognized as a potential threat. But security blunders—for example, he should not have been permitted in the receiving line with the closed and covered hand that concealed a gun—let him reach the President. After the shooting, he was tackled by a heroic but later undersung African-American man standing nearby, then pummeled by security staff. Czolgosz might have been killed right then, but McKinley himself called off the beating.

Many Americans no doubt saw the assassination of McKinley as signaling a tragic inevitability of the times. President Lincoln had been assassinated in 1865, and President Garfield in 1881. Director Edwin S. Porter made a creepy, one-minute silent film for the Thomas Edison company in 1901 about the assassinations; The Martyred Presidents is available online at the Library of Congress. Present in Buffalo to film the exposition and yet early in his prolific career, Porter also made a four-minute film featuring a reenactment of Czolgosz's execution.

President Roosevelt at the Wilcox House, 2024.
RJ Peltz-Steele CC BY-NC-SA 4.0

Another assassination attempt did follow, injuring President Theodore Roosevelt in 1912. Roosevelt had been inaugurated in Buffalo in succession of McKinley in 1901. The location of the hasty inauguration, the then-private Ansley Wilcox House, is now a National Historic Site in Buffalo; I stopped by there, too.

Me'n'T.R. meet inside the Wilcox House.
RJ Peltz-Steele CC BY-NC-SA 4.0

Roosevelt's survival seemed to break the generational cycle, at least until the assassination of President John F. Kennedy in 1963. A more entertaining explanation for the abatement of presidential assassinations is featured in Sarah Vowell's characteristically superb book Assassination Vacation (2006): the Robert Todd Lincoln "jinx." The eldest son of President Abraham Lincoln was present at the assassinations of his father, President James Garfield, and President McKinley, but not for the attack on T.R.

The Pan-American Exposition is long gone. The land where the incident occurred became a residential development. A small plaque and garden, and a flagpole and flag in the roadway median of Fordham Drive in Buffalo mark the approximate location of the fatal shooting in 1901.

A nearby high school is named for McKinley. Buffalo, N.Y., 2024.
RJ Peltz-Steele CC BY-NC-SA 4.0

'Statute of limitations is a very real thing in this country'

"The statute of limitations is a very real thing in this country," former President and Republican presidential front-runner Donald Trump told reporters Monday at the New York court where he faces civil fraud claims.

I say the same thing to my 1L class every fall. Finally, some authority to back me up.

Though I can't help but think that the former President is thinking of the E. Jean Carroll matter.  Carroll filed her defamation and battery claims against the former President under New York's Adult Survivors Act (ASA). The act temporarily suspended the statute of limitations for civil claims arising from alleged sexual abuse, allowing a year-long "look-back window." Carroll filed on the day the act took effect.

The ASA opened look-back to all of a complainant's adult life. The window will close on November 23, 2023. In 2019, New York extended the statute of limitations for adult survivor claims from three to 20 years, but the extension is not retroactive. The N.Y. Law Journal reported 67 ASA lawsuits filed by February 2023; according to Katz Banks Kumin, citing The Wall Street Journal, 106 suits had been filed by May 2023. Though in April 2023, The Appeal reported "nearly 1,000" claims under the ASA by incarcerated or formerly incarcerated women against corrections officers.

The ASA was enacted as a political response to the #MeToo movement and a pointed plank in the platform of New York's first female governor, Kathy Hochul. The ASA was modeled on the New York Child Victims Act of 2019, which was in significant part a response to abuse in the Catholic Church.

The Child Victims Act similarly extended the New York limitations period for child survivors' civil claims to a victim's age 55 and opened a look-back window, one year later extended to two, that expired in 2021. That allowance saw "almost 11,000 cases," according to the N.Y. Law Journal. Jeff Anderson has details and data. Child USA tracks such laws across the country.

NYPD seizes adorable dog, person too, in retaliation for video-recording in public, attorney-plaintiff alleges

A New York legal aid attorney was arrested, along with her dog, when she started video-recording police, and then she sued for civil rights violation.

Harvey (Compl. ¶ 36)

The NYPD messed with the wrong person. As the complaint tells it, Molly Griffard, an attorney with the Cop Accountability Project of the Legal Aid Society (Equal Justice Works), was walking her dog, Harvey, in the Bedford-Stuyvesant neighborhood of Brooklyn when "she saw police officers remove a young man from a bodega, and drag him around the corner where they lined him up with other young men against a wall."

Griffard began video-recording with her phone. After she crossed the street at an officer's instruction, she started writing down NYPD car plate numbers. An officer refused to give her his business card upon her request, the complaint alleges. Instead, the officer handcuffed Griffard and arrested her, taking her and Harvey into police custody. She was held at the 79th precinct for eight hours, while Harvey, a nine-year-old Yorkie, was held in the kennel.

Admittedly, what caught my attention in the case was not so much the facts, head-shaking inducing as they are, but the story of Harvey. Journalist Frank G. Runyeon, reporting for Law360, and NBC News 4 New York, also were enchanted.

Griffard and her attorney, David B. Rankin, of Beldock Levine & Hoffman LLP, must have been conscious of Harvey's intoxicating adorableness, too, because they included gratuitous glamor shots in the complaint—as I've reproduced here. 

Harvey (Compl. ¶ 20)

At its fringe, the case might be said to implicate animal rights, or at least the rights of owners of domesticated animals. Courts in the United States and elsewhere in the world are coming around to the idea that domesticated animals such as cats and dogs have a value exceeding their market worth as personal property, especially in the area of tort damages when the animals come to harm.

Griffard make no such claim, though, rather using Harvey as evidence to demonstrate her emotional distress at being separated from him and being given no information about his whereabouts while they were held—and, between the lines, to tug at the heartstrings and demonstrate the utter absurdity of her arrest and detainment.

One paragraph of the complaint does allege that seven-pound "Harvey was traumatized by the incident and now takes medication to treat his anxiety disorder." And the count of unreasonable seizure points out that "Harvey missed his dinner."

The case is Griffard v. City of New York, No. 512993/2023 (Sup. Ct. Kings County filed May 2, 2023).

Defamation case against Trump fits woeful pattern, while DOJ defense is defensible, if disconcerting

Notice of Removal in Carroll v. Trump

The recent news (e.g., N.Y. Times) that the Department of Justice (DOJ) will defend the President in the defamation suit arising from sexual-assault allegations by E. Jean Carroll has caught the interest of both my Torts I class and my Trump Litigation Seminar (TLS).  The DOJ's announcement manifests on the docket in removal of the case from the New York Supreme Court to the U.S. District Court for the Southern District of New York.  Links and key court documents are now posted atop The Savory Tort's TLS blogsite.

The strategy of using a sexual-assault denial and accompanying charge that the accuser is a "liar" as the basis for a defamation suit against the alleged perpetrator, i.e., Carroll v. Trump, is now, unfortunately, a familiar feature of our high-profile tort-litigation landscape.  It might have been Bill Cosby who committed the pattern to popular culture's long-term memory.  The Cosby case came complete with counterclaims, making the defamation dispute the dueling ground for truth and falsity.

It's unfortunate, because the tort of defamation was not designed to be a truth-finding mechanism.  Historically, truth wasn't even a defense; that's a modern artifact inferred by the freedom of speech.  The flaws in our defamation law are legion and one of my favorite subjects; one that matters here is that defamation is rarely capable of delivering exoneration, much less satisfying any of a plaintiff's legitimate aims.

Among reforms of defamation that have been proposed over the years are mechanisms to ferret out and publicize truth, rather than focusing on the plaintiff's alleged injury or the defendant's asserted rights.  Though not always well crafted, laws that incentivize correction or settlement over protracted litigation at least aim in the right direction.  Regrettably, reform of defamation has been hamstrung for decades by the Supreme Court's well intentioned but ultimately improvident constitutionalization of defamation in the 1960s and 1970s.  I hope one day, we'll wade our way out of that morass.

Anyway, on the question of the DOJ's intervention, there's a curious conundrum about Carroll v. Trump.  The DOJ position is that Trump was acting in the scope of the office of the President when he denied Carroll's sexual-assault allegations.  We would, after all, hope that any President would deny such allegations, and we would have to admit that the truth of the allegations bears on his fitness for office.  Thus, the DOJ reasons, it must represent the position of the President.  The bitter pill for Trump opponents to swallow is that that's probably right.

The kicker comes in that Trump's denial is only presidential if he's telling the truth.  If he did what Carroll alleged, then the operative facts of the case occurred before Trump was elected.  His later denial then feels more like the mere pleading of a private defendant in an ordinary civil suit.  You know, one in which we might debate what the meaning of is is.  So the rationale for defense by DOJ is predicated on the very question at issue in the litigation.  For DOJ to take the President's denial as true, for now, is a fair, if uncomfortable, choice.  If one day the court rules in Carroll's favor, though, maybe we can send the legal bill to the former President.

Thanks to TLS student Ricardo Serrano and Torts student Paul McAlarney for helping me think about this one.

[UPDATE Oct. 27, 2020.]  The court denied the government's motion to substitute party on Oct. 27, 2020.  See Special Coverage at the Trump Litigation Seminar.

COVID-19 stresses United States on domestic borders; war analog might foster state solidarity upon federal power

Rhode Island Governor Gina Raimondo was recently
threatened with a lawsuit by New York Governor Andrew
Cuomo.  U.S. Air National Guard Photo
by Master Sgt Janeen Miller (2016).

I have just published at the new blog, Law Against Pandemic. Here is the abstract:

The coronavirus pandemic is stressing not only our healthcare systems, but our political and legal systems.  The pandemic has challenged our sense of identity in humankind, pitching us back and forth between a spirit of global solidarity and a competition of human tribes for resources and survival.  That tension plays out in our political and legal responses to the pandemic, manifesting the natural human temptation to tribalism in both international and intranational dimensions.

As policymakers struggle to respond to the pandemic and to curb the outbreak of COVID-19, I have been struck by the emergence of interstate tensions in the United States.  The pressure of the pandemic, aggravated by a slow and uncertain governmental response at the federal level, has been a brusque reminder that the United States are a plural: a federation of states that famously endeavored “to form a more perfect Union,” but that, like human governance itself, remains a work in progress.

Read more at the new blog, Law Against Pandemic