![]() Schoesler detailing the cost to taxpayers related to this litigation. Legal record of the Texas attorneys general against the Obama administration (49 Cases Filed, 7 Cases Won, 12 Cases Lost) Minnesota, California, Maryland, Massachusetts, New York, and Oregon Legal Victories - Completed Washington V. ACTING ATTORNEY GENERAL TRUMPS EFFORTS SUBVERT TRIAL.That’s about three times what it typically takes the court to resolve an appeal. Rogers also curtly dismissed portions of her colleagues’ opinions as “premature and unenforceable dictum.”Įagerly awaited by attorneys handling a wide array of Trump legal fights, came nearly a year after the appeals court held oral arguments over the Jan. “The record suggests no reason for this court to direct the order of the district court’s proceedings on remand.” “Under the circumstances, it is unnecessary to inquire into the President’s motives in order to conclude that his actions did not constitute an official function of his office,” wrote Rogers, an appointee of President Bill Clinton. She suggested that Trump’s claim he was acting in an official capacity was without merit and said her colleagues were wrong to tell Mehta to stagger the litigation so that Trump will have a chance to muster facts to prove he was acting officially in his speech on Jan. The third jurist on the panel, Judith Rogers, endorsed only part of the panel’s majority opinion. “Had that event been a political rather than an official event, and had the President immediately responded with an off-the-cuff statement to rally or console the Nation, I have little doubt that the response would have been official,” the judge wrote. Bush’s first public response to the Septemattacks came as he read a book to schoolchildren. ![]() However, Katsas also filed a brief opinion of his own, emphasizing that while speeches at political events are “normally” unofficial there could be “rare cases” where comments made at such an event were official and immune from suit. The opinion from Srinivasan, an appointee of President Barack Obama, was joined in full by Judge Greg Katsas, a Trump appointee. ![]() ![]() But before that happens, Trump could appeal the immunity decision to the full bench of the D.C. District Court Judge Amit Mehtaįirst ruled Trump could be sued for his Jan. Under the court’s ruling, the case may now return to a federal trial court, where U.S. “Immunity cannot serve its intended purpose if it is withheld when a President would need it most - i.e., when a President might refrain from undertaking some course of official action because of uncertainty about whether it could give rise to damages liability,” Srinivasan wrote. In the panel’s majority opinion, Srinivasan wrote that a president who takes controversial official actions at the margins of his powers - moves that could conceivably be viewed as unlawful - is actually more deserving of immunity from private lawsuits than a president making remarks that may mix politics and policy. 6 crowd to march on the Capitol to “fight like hell” and “stop the steal.” The panel also wrestled with, but didn’t resolve, complicated questions about how to determine whether a president’s conduct is official or unofficial, or a complicated mix of both. Though the appeals judges permitted the lawsuits to move forward, the court emphasized that Trump could still seek to prove he was acting in his official capacity as president when he exhorted the Jan. The ruling is not a pure victory for those suing Trump, and the panel repeatedly emphasized that their narrow decision left thorny issues unresolved - such as whether Trump’s 75-minute speech that preceded the Capitol riot was protected by the First Amendment. 6, but it said a lower-court judge acted correctly last year when he turned down Trump’s initial bid to dismiss the suits. The appeals court panel - which consisted of two Democratic appointees and one Republican appointee - did not rule that Trump was legally liable in any of the various suits filed against him and others over Jan. 6 President Trump was acting on behalf of the American people, carrying out his duties as president of the United States,” Cheung said. Trump has also contended that he is immune from prosecution in that case by arguing his efforts were connected to his official duties.Ī spokesperson for the Trump campaign, Steven Cheung, called the ruling “limited, narrow and procedural.” The ruling, which Trump could challenge at the Supreme Court, is likely to reverberate in the federal criminal case where Trump is charged with seeking to subvert the 2020 election. However, the appeals court left the door open for continued efforts by Trump to try to prove that he was acting as president, rather than as a candidate for reelection, when he addressed the angry crowd at the Ellipse.
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