Wednesday, February 21, 2024

SCOTUS Rejects Trump's Immunity Claim


After Trump's Lawyers, missing a Deadline to File at the U.S. Supreme Court, Trump has exposed himself to Civil Liability Lawsuits, from Individuals seeking to hold Him Accountable for His Involvement in the Violent Breach of the U.S. Capitol on Jan. 6th, 2021.

The Lawsuits aimed to make Trump Civilly Liable for the Damage caused on Jan. 6th, and its Direct Impact on their Lives.

Police Officers, in particular, sought around $75,000 each in Damages. These Allegations were formally presented in March 2021, focusing on the Claim that Trump’s Widespread and False Assertions of “Voter Fraud” before Jan. 6th, led to the Deadly Breach of the U.S. Capitol.

The Plaintiffs argued that these Events resulted in Emotional and Physical Harm, as well as Suicides.

In addition to the Criminal Proceedings initiated by Special Counsel Jack Smith, Trump has encountered Three Civil Lawsuits, filed by U.S. Capitol Police Officers for Tort Claims related to Physical Injury and Emotional Distress, as well as by Members of Congress for Disrupting their Official Duties. These Cases have all been Consolidated in the Lawsuit “Blassingame v. Trump.”

The Civil Immunity issue is Distinct from the Criminal Immunity Issue, which Trump has Escalated to the Supreme Court, in an attempt to Dismiss His Indictment in Washington, D.C., under Accusations of Conspiring to Overturn the Election Results. Trump and Special Counsel Jack Smith are currently in a Holding Pattern, as they wait to see what the Justices will do next.

On Monday, Trump had asked the Justices to give Him more time to Appeal a Unanimous Ruling by a Three-Judge Panel of the U.S. Court of Appeals, for the District of Columbia Circuit, which held Trump could Face Criminal Charges.

“This Court should stay the D.C. Circuit’s mandate to forestall, once again, an unprecedented and unacceptable departure from ordinary appellate procedures and allow President Trump’s claim of immunity to be decided in the ordinary course of justice,” Trump’s Application states.

Smith in His Response Wednesday, argued that the Appeals Court Rejected Trump’s Claims of Absolute Immunity, which has “no support in constitutional text, separation-of-powers principles, history or logic.”

“A President’s alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his successor should be the last place to recognize a novel form of absolute immunity from federal criminal law,” Smith wrote.

“When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act,” according to Chief Judge Padmanabhan Srikanth Srinivasan of the D.C. Circuit.

The Court, in a Unanimous Decision on Dec. 1st, 2023, stated that the Office of the Presidency remains Neutral about its Future Ooccupant. Therefore, efforts to Secure that Position through Campaigning, are Not Official Acts of the Office. As a result, Uunofficial Actions by Trump during His Tenure are Not Protected from Civil Lawsuits.









NYC Wins When Everyone Can Vote! Michael H. Drucker


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