Election 2020
A Federal Judge Just Burst Trump’s Bubble on His Claim of ‘Total Immunity’ in Capitol Police Lawsuits
I’m guessing Donald Trump is NOT in a happy mood over this: On Tuesday, a federal judge slapped down his request to throw out three civil lawsuits filed by Capitol Police officers who allege the ex-president bears responsibility for the injuries law enforcement sustained during the January 6, 2021 riot, Insider reports.
As they sought to dismiss the lawsuits, Trump’s lawyers had tried to say that the former president was absolutely immune from civil litigation stemming from the riot, asserting that he was acting within “the outer perimeter” of his duties as president.
However, US District Judge Amit Mehta didn’t quite see it that way and refused to dismiss the lawsuits on those grounds. Mehta, appointed by former President Barack Obama, noted he had previously dismissed an almost identical assertion of absolute immunity that Trump tried to claim in response to other civil lawsuits filed by House Democrats and two Capitol Police officers.
Citing Blassingame v. Trump, the lawsuit in which U.S. Capitol Police officers James Blassingame and Sidney Hemby sued Trump for damages stemming from the injuries they suffered during the riot, Mehta wrote that “the court had already rejected President Trump’s assertion of immunity.”
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That sounds like Mehta was politely telling Trump he wasn’t going to get his way, and the judge elaborated further.
“The court does not needlessly repeat its reasoning here, but simply adopts and incorporates it by reference,” the judge wrote, noting specifically that Trump’s actions during the riot “‘entirely concern[ed] his efforts to remain in office for a seond term’ and therefore do not fall within the ‘outer perimeter’ of a president’s official responsibilities.”
“Accordingly, President Trump’s motions to dismiss are denied,” Mehta wrote.
Just one week before, Trump had asked a Washington, D.C.-based federal appeals court to grant him immunity against lawsuits that are alleging his fiery speech on January 6 spurred the mob to violently attack the Capitol. In a 48-page filing, Trump’s lawyers complained that Mehta was allowing the civil lawsuits to continue against Trump due to his aversion to the speech, in which Trump implored his supporters to “fight like hell.”
Trump’s lawyers insisted that the immunity given to the former president cannot be “undercut if the presidential act in question is unpopular among the judiciary.”
I’m glad Mehta disagreed here. Trump continually tries to force people to do his bidding but obviously, Mehta is not so easily swayed. I’m guessing that since this happened earlier today, folks who are in Trump’s orbit are doing their best to stay home.
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