DEPRAVED INDIFFERENCE: Lock Him Up!

Mirah Riben, author and activist
3 min readOct 12, 2024

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Melania Trump’s fashion statement : “I Really Don’t Care. Do You?” worn to visit childdetention center, 2018

If I were an attorney I would file a class action law suit on behalf of everyone that died as a result of Hurricane Helene and/or Hurricane Milton because of the dangerous lies told by one Donald J Trump sand spread via X (fna Twitter) and his ironically named “Truth Social” in regard to these storms and the US government response to storm victims.

Yelling fire in a crowded venue when there is no fire is an exception to our First Amendment right which protects free speech. But should it not also be a crime if as a result of yelling fire when there was none people were trampled, hurt, or even killed? Would that not make it a crime of manslaughter by depraved indifference to human life and safety? I am sure at the very least there would be civil suits against a person who did that but I’m talking about criminal charges.

Now take a side step from that hypothetical to what former president and convicted felon Mr. Trump has been doing in creating intentional lies about help coming from FEMA to hurricane victims in Florida and elsewhere. Are not his lies causing harm? Of course they are. Just like his lies about covid caused harm.

Depraved indifference is defined as conduct which creates a grave risk of death. It is behavior which demonstrates utter disregard for the value of human life; simply not caring whether or not grievous harm will result from one’s actions. In other words, a person who is depravedly indifferent. One who acts not with intent to cause harm, but because one simply doesn’t care whether grievous harm results or not. (Feingold at 296, quoting Suarez, 6 N.Y. 3d at 214).

Under our law, a person is guilty of Murder in the Second Degree when, under circumstances evincing a depraved indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to another person, or persons, and thereby causes the death of that person.

Knowingly spreading disinformation about FEMA taking people’s homes as a result of natural disaster, i.e. hurricane, tornado, relief, and other such disinformation regarding disaster relief fits the definition of depraved indifference to a T.

We have long known that Mr. Trump is heartless, has zero compassion and is 100% self-serving. Can we ever forget the paper towel toss in Puerto Rico after Hurricane Maria in 2017? Yet, the media have speculated that his goal was, and concluded it was to cause loss of trust in government agencies, which he intends to eliminate if he again occupies the White House.

That certainly is not a reasonable excuse to cause harm to innocent victims already struggling, but reasonable is not one of his strengths.

Mr. Trump should be charged accordingly with the manslaughter of those killed by such disasters.

Mirah Riben 10/12/24

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Mirah Riben, author and activist
Mirah Riben, author and activist

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