Well, in a belated Christmas present to Capitol Police Officers and all of us who believe in justice and the rule of law AND Trump finally being (sometimes at least) held to account Trump has just suffered a major legal loss. A three judge panel from the DC Court of Appeals has just issued its ruling on Trump’s claim of “Presidential Immunity” from lawsuits from law enforcement suing him civilly for damages over the physical and mental injuries they sustained defending the Capitol from Trump’s insurrectionist mob of rioters. They ruled against Trump! Uh Oh.
As reported by Yahoo news the appeals court “affirmed a district court’s ruling that Capitol Police officers can proceed with lawsuits seeking to hold Trump liable for the Jan. 6, 2021, riot at the U.S. Capitol building.” Trump has tried with the E. Jean Carrol case to claim everything he did as President shielded him from legal liability. He lost his legal battle on that up in New York City. Now he’s lost again on the same point/grounds in a different jurisdiction, in this case Washington, DC. Still, these are both civil cases and not criminal. Trump (and others) are continuing to claim immunity on criminal matters. Toss in a Watergate era case (United States v Nixon – that’s a complicated matter I should address in separate post) that touched on the issue and things aren’t looking at all good for Trump.
This all boils down to a couple of things that are the heart of Trump’s appeals, both civil and criminal.
In multiple cases, Trump’s lawyers have argued that since Trump was still president on the day his supporters attempted to disrupt the certification of Joe Biden’s 2020 victory, all of his statements and actions should be viewed as part of his official duties and are therefore protected from criminal prosecution and civil lawsuits.
In addition, Trump lawyer John Sauer filed a brief stating:
“no president could face a criminal prosecution “based on conduct for which he was acquitted by the U.S. Senate” despite a majority vote to oust him from office.
Obviously the DC Circuit disagreed:
The three-judge panel disagreed, siding with the lower court’s ruling issued on Dec. 1 that presidential immunity claims did not protect Trump from civil lawsuits seeking damages for his alleged role in the Capitol riot.
“When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act,” the lower appeals court wrote in its decision.
The burning question is how quickly will the DC Circuit rule and how quickly SCOTUS will take up (or decline Cert) the case? Note the date above. The initial ruling was made on Dec. 21. It took four weeks for the appellate court to shoot down the appeal. Trump’s SC trial is scheduled to start in the first week of March, 2024 so time is of the essence and this particular appellate court has in recent months shown little, if any sense of urgency.
Christmas is over and after Monday so will be the holiday season as well. The new year? Well, 2024 is going to be one hell of a ride and especially so for Trump. Both politically and legally and the two of them mashed together in it’s own piece of… well whatever. January 9 looms large on the calendar. Remember how as a kid the days leading up to Christmas and getting to open your presents under the tree seemed to drag on forever? That’s how I’m feeling now regarding Trump’s impending appellate case in which he’s asserting “Presidential Immunity” from criminal prosecution.
I’m of the belief Smith knew before the initial ruling that he’d win and Trump would appeal and already had the bulk of his response to what Trump would say in the appeal ready to go. That’s why he went straight to SCOTUS because if as is likely Trump loses his appeal they will be asked to hear the case. SCOTUS begged off. At least the way I see it. I believe the six GOPers there are hoping, praying even that the appellate court will take them (mostly) off the hook. If the appellate ruling is against Trump and well written they can simply decline to hear the case and the appellate ruling will stand. Sure, they will still take some heat but not nearly as much as if THEY were to be the final word on the issue!
In the meantime however Trump and his “Presidential Immunity” has been dealt another blow. Keep an eye on a particular phrase from this latest ruling. Specifically they included a phrase from the initial District Court opinion:
“When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act.”
That one sentence is going to loom large in the weeks ahead. And be decisive. My worry is how many weeks, and whether it will be so many that Trump’s DC trial is delayed.
The Law and Order candidate is being sued by the police?
Maybe that’s behind his recent move to being the Law and Odor candidate instead.
Clever move Donald. Embrace the stink.
‘Law and Order’ in Trumpese means “I am the Law and I give the orders”
Look ma…the tinpot dictator has no clothes!
I once saw a gruesome pic of a fat and naked Trump look-alike standing sideways to the camera with using a spray gun to give him the orange tan. I could have sworn I’d saved it but can’t find it anywhere on my computer so the “Spam Trump” will have to do.
Is this the one?
Dear God, no!
I’m now scarred for life! I wonder if that spray gun is connected to a 50 gallon drum? Otherwise, how is he gonna get a second coat?
215 lbs of lean mean fighting machine!
ICK!!! I used to like Spam, but not any more! I can’t get this image out of my head. (Denis, are you the sculptor?)
No. My abilities as an artistic are limited to performance – singing and actins (and with a bit of time relearning some instruments I once could play). Att times I had bits of artistry on a basketball court. I can still east Span after having first seen this. I always have a can or two in the pantry in case of a power outage. But sometimes you have to use canned goods because even they wind up expiring. Anyway if you thought that was gross the picture I looked for an couldn’t find was worse. A fat old guy with an enormous gut with folded over layers of fat standing sidwways to teh camera. With a wig and probably other items to make him look like Trump, at least from that angle. Naked and with teh gal spray tanning him orange. Talk about gross!
paper shuffles, people yawn
delay,delay,delay
High School 🏫 Civics Question
Do United States Code of Laws apply
to all United States Citizens in their Duties.
here’s where to me it gets muddy to me
Jordon and Comer is clearly obstructing justice and hiding behind Speech and debate Congress yada yada
Sauer’s brief is stupid that even a lay person could rip it to shreds with the most minimal of effort.
For starters, what is the ULTIMATE punishment that can be imposed upon someone who’s successfully impeached and found guilty? Removal from office and being ineligible to hold any future elective office. Impeachment is the result of investigations into “high crimes and misdemeanors” (said crimes and misdemeanors aren’t specified in the Constitution) but, even if the crime includes “murder” or “willful neglect” (both of which could’ve potentially been filed against Trump with regards to COVID), the most that could’ve been done to Trump as a result of *impeachment* would be the loss of holding office. But, a SERIOUS enough crime for which impeachment had been pursued (such as “murder”) could be used as the basis for a full criminal proceeding by the police or other law enforcement as necessary with ALL the potential criminal court dates and resulting verdicts and punishments.
It’s just like the O J case. O J was found not guilty of the murders of Nicole and Ron but that didn’t stop a CIVIL suit against him brought on by Ron’s parents (in which he was found liable). And several other criminal cases, in which the defendants were found not guilty, have led to civil cases by the victims’ families in which the families have generally won. Being found “not guilty” in an impeachment proceeding does NOT vindicate the official of any specific criminal behaviors or crimes committed in office.
And one more thing to add to the utter vapidity of Sauer’s brief. Impeachment is a political process, trials whether civil or criminal are a judicial process. It’s beyond apples and oranges, it’s more like apples and tennis balls.