InterServer Web Hosting and VPS

Trump Again Tries To Claim “Absolute Immunity” From January 6th Lawsuits In DC Circuit Court Appeal

117


This is just Trump’s most recent attempt to claim immunity…

Salon

Former President Donald Trump’s lawyers asked a court on Wednesday to rule that he has “absolute immunity” from lawsuits related to the deadly Jan. 6 Capitol riot.

Trump is appealing a February ruling by U.S. District Judge Amit Mehta that the former president can be sued for damages stemming from the Jan. 6 attack, rejecting Trump’s claim of immunity because his actions that day were “plausibly words of incitement not protected by the First Amendment” or presidential immunity.

(snip)

Trump’s attorneys argued that impeachment is the only means to punish a president for his actions. The House impeached Trump for a second time after the riot but the Senate fell short of the threshold necessary for conviction in a 57-43 vote. The filing described the lawsuits following his impeachment as “harassment.”

But hey, if at first you don’t succeed…

x

Here’s how Judge Mehta handled this horseshit back in February…

CBS News

Trump argued in court filings and hearings that he has “absolute immunity” from liability in the three civil suits filed against him and claimed his remarks outside the White House before the mob descended on the Capitol were political speech protected by the First Amendment.

(snip)

The former president contended that in his January 6 speech, he was acting in his capacity as president in an attempt to affect Congress’s certification of the Electoral College votes and is therefore not responsible for any of the damage from the rioting that took place after his speech. He was not conspiring to commit a crime, his lawyers argued, but acting as president of the United States.

The judge flatly rejected this claim, writing the fiery speech was not part of the president’s official duty — it was focused on keeping him in office for a second term.

Trump used the speech “to complain about perceived cases of election fraud…and to exhort the Vice President to return those certifications to those states to be recertified,” Mehta wrote.

The President has absolute immunity from liability for civil damages arising from any official action taken while in office.

As long as there are remedies such as impeachment and intervention by Congress, the President can be held sufficiently accountable for actions in office that absolute immunity is reasonable. He must be permitted to carry out his official duties without being concerned about liability for civil damages.

I don’t think even this Supreme Court can consider disrupting the peaceful transfer of power and a political rally as “official duties”…

Liked it? Take a second to support Community on Patreon!

This is a Creative Commons article. The original version of this article appeared here.





Source link

You might also like
Leave A Reply

Your email address will not be published.