In a court case over whether Trump can be held liable for the damages that came about during the January 6 Capitol riots, the judge overtly shut down the former president’s lawyer for making false claims that Trump urged his followers to act peacefully. The judge went even further, asking all Trump’s present lawyers to consider whether Trump’s radio silence during the actual insurrection could be considered as an endorsement of the violence that was occurring.
The case was taken by US District Judge Amit Mehta, who at one point during the hearing was forced to tell Trump’s lawyer that they needed to “stick with the facts”, as they continued to insist that Trump’s rhetoric on that day was actually peaceful. During the court hearing, which took place on Monday, Mehta pointed out that while the riots were happening, the former president didn’t bother to, “take to Twitter or to any other type of communication and say, ‘Stop’.”
Mehta, who has been serving in the federal court since he was appointed by Obama in 2014, asked the present lawyers: “What would you have me do with the allegation that the president did not act?” Not only is this a tough question that Mehta will be forced to answer by the end of the trial, it is an extremely controversial one that has sparked a few civil lawsuits put into motion by House Democrats as well as police officers who work at the Capitol.
A federal judge dismissed Trump's lawyer's claim that Trump urged supporters to be peaceful on January 6, 2021. “Let's stick with the facts," Judge Amit Mehta told Jesse Binnall, Trump's lawyer. Mic drop.
— Civil Writes (@cohen_real) January 11, 2022 
The Judge is now forced to make these decisions for these lawsuits, such as whether or not the fact that Trump did not actively try to stop the riots could be equal to endorsing them in the eyes of the law, especially since they were initially inspired by his speech. On the other hand, Jesse Binnall, who is representing Trump in court, is arguing that Trump can not face legal consequences for actions that he did not actually take.