Federal appeals court rules Trump not immune to civil lawsuits in J6 cases
Trump Not Entitled to Presidential Immunity in J6 Civil Lawsuits, Federal Appeals Court Rules
A three-judge panel of a federal appeals court ruled Friday that former President Donald Trump is not shielded by presidential immunity from civil lawsuits resulting from the Capitol incursion.
According to CNN, the decision allows lawsuits by Capitol police officers and Democratic members of Congress to move forward. However, it does not guarantee victory for those suing Trump; it simply means that Trump cannot have all the suits thrown out based on presidential immunity.
Steven Cheung, a representative of Trump’s 2024 campaign, downplayed the ruling, calling it “limited, narrow, and procedural.”
“The facts fully show that on January 6 President Trump was acting on behalf of the American people, carrying out his duties as President of the United States,” Cheung said in a statement.
Trump has the option to appeal the three-judge panel’s decision to the full Appeals Court, as reported by NBC. If he loses there, he can then seek to have his case heard by the U.S. Supreme Court.
The ruling, issued by Chief Judge Sri Srinivasan, aims to distinguish between actions Trump took as president, which would be covered by immunity, and those he took as a candidate, which it deems were not protected.
“The object of a President’s official-act immunity is to assure that he can fearlessly and impartially discharge the singularly weighty duties of the office. The President, though, does not spend every minute of every day exercising official responsibilities. And when he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the President,” the ruling began.
The ruling clarifies that it does not pass judgment on the merits of any claims against Trump.
“The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints. We answer no, at least at this stage of the proceedings,” the ruling said.
The ruling argues that when a first-term President seeks re-election, their campaign is not an official presidential act. It emphasizes that the Office of the Presidency remains neutral about who will occupy it next, and campaigning is not an official act of the office.
The ruling cites Trump’s own words, highlighting that when he went to the Supreme Court to challenge the 2020 election, he explicitly filed his motion “in his personal capacity as candidate for re-election to the office of President” rather than in his official capacity as sitting President.
“We cannot accept that rationale. While Presidents are often exercising official responsibilities when they speak on matters of public concern, that is not always the case,” the panel ruled.
The ruling concludes that although Trump is not entitled to blanket immunity, he should be given the opportunity to present his own facts regarding the immunity question during the civil cases against him.
“Because our decision is not necessarily even the final word on the issue of presidential immunity, we of course express no view on the ultimate merits of the claims against President Trump,” the ruling said. “Nor does our decision on a President’s official-act immunity from damages liability in a civil suit treat with whether or when a President might be immune from criminal prosecution.”
In the upcoming district court proceedings, Trump will have the chance to demonstrate whether his alleged actions were taken in his official capacity as President or as a presidential candidate.
The post Trump Not Entitled to Presidential Immunity in J6 Civil Lawsuits, Federal Appeals Court Rules appeared first on The Western Journal.
What options does Trump have to challenge the three-judge panel’s decision and continue the legal battle over his alleged role in the Capitol insurrection?
2020 election results, he did so as a candidate, not as the President.
The court’s decision is significant because it allows lawsuits against Trump to proceed, potentially holding him accountable for his alleged role in inciting the Capitol insurrection. Capitol police officers and Democratic members of Congress have filed lawsuits accusing Trump of inciting the violence through his rhetoric and actions leading up to and on January 6th.
While the ruling does not guarantee victory for the plaintiffs, it marks an important step forward in their pursuit of justice. It establishes that Trump is not entitled to presidential immunity in civil lawsuits related to his actions as a candidate.
Steven Cheung, a representative of Trump’s 2024 campaign, downplayed the ruling and called it limited and procedural. He argued that Trump was acting on behalf of the American people and carrying out his duties as President on January 6th.
Trump now has the option to appeal the three-judge panel’s decision to the full Appeals Court and, if necessary, seek to have his case heard by the U.S. Supreme Court. This means that the legal battle over Trump’s alleged role in the Capitol insurrection is far from over.
The ruling issued by Chief Judge Sri Srinivasan aims to distinguish between actions Trump took as President, which would be covered by immunity, and those he took as a candidate, which the court deems were not protected. The ruling clarifies that it does not pass judgment on the merits of any claims against Trump but merely addresses the issue of presidential immunity.
According to the ruling, the purpose of official-act immunity is to ensure that a President can fearlessly and impartially carry out the duties of the office. However, when a President acts outside the functions of their office, they do not continue to enjoy immunity from damages liability just because they hold the position.
The court argues that when a first-term President seeks re-election, their campaign is not an official presidential act. The Office of the Presidency remains neutral about who will occupy it next, and campaigning is not an official act of the office.
Overall, the ruling signifies an important development in the legal proceedings against Trump regarding the Capitol insurrection. It establishes that Trump is not entitled to presidential immunity in civil lawsuits related to his actions as a candidate and allows the lawsuits by Capitol police officers and Democratic members of Congress to move forward. The ruling does not determine the outcome of these lawsuits but sets a precedent for holding Trump accountable for his alleged role in inciting the violence on January 6th. The case may now proceed through the appeals process, potentially leading to a Supreme Court hearing.
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