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Federal appeals court says Trump is not immune from civil lawsuits over Jan. 6 Capitol attack
By Curt_Anderson
December 1, 2023 10:48 am
Category: Law

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Will the Supreme Court overrule the appeals court? Will they even agree to hear his case? Trump is facing a parade of lawsuits if they don't rule in his favor.

Washington — A federal appeals court in Washington said Friday that former President Donald Trump is not currently entitled to broad immunity from civil lawsuits seeking to hold him accountable for actions surrounding the Jan. 6, 2021, assault on the U.S. Capitol.

The unanimous opinion from the three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit allows the cases against Trump to move forward and comes nearly a year after the judges weighed Trump's claims that he's entitled to sweeping immunity from the suits brought by a group of congressional Democrats and veteran Capitol Police officers, who seek civil damages for the harms they alleged to have suffered because of the Capitol attack.

"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," Chief Judge Sri Srinivasan wrote. "We answer no, at least at this stage of the proceedings."

The president, Srinivasan said, "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."


Cited and related links:

  1. cbsnews.com

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Comments on "Federal appeals court says Trump is not immune from civil lawsuits over Jan. 6 Capitol attack":

  1. by Ponderer on December 2, 2023 7:27 am

    Can you imagine this flaming orange asshole believing that he is above the law? That having been president somehow gives him carte blanche to commit any crimes that he has a mind to? What a frantically flailing guilty person he is.


  2. by oldedude on December 2, 2023 8:20 am
    And this makes him the "antichrist," right?

    Man! this is fun when you allow someone to live in your head!


  3. by oldedude on December 2, 2023 8:23 am
    Frau Blücher!


  4. by Ponderer on December 2, 2023 8:41 am

    No. It doesn't. He is not "The Anti-Christ". He's just anti-Jesus. He's an antithetical personification of everything that Jesus ever preached upon and stood for is all. He's anti every Christian moral you could point to. He's about the most anti-Christian person imaginable.


    And od, it's not my fault that there is always so much news to comment on regarding Trump. There has never been a more constantly newsworthy former president in this country's history. The man commits felonies as often as he changes his socks. It's nearly impossible to even keep track of all his criminal court cases that he's a defendant in. A former president of the United States caught dead to rights on multiple felonies for fucksake? Nothing to see here, folks? Just don't pay it no never mind...?

    It makes perfect sense why you and Hate would think that all his despicable and heinous criminality should just be ignored. You're looking forward to him being president again.

    But you can't expect anyone who isn't a dedicated MAGA-Hatter to be as dismissive and willfully ignorant as you are about such current events. Or to care nothing about the latest outrageous proclamations from a presidential candidate who explicitly intends to destroy our government if he gets the chance.



  5. by oldedude on December 2, 2023 10:24 am
    Ahhhh.... but you do. And you never change your rant. I have never given permission for anyone to do that to me. And keep in mind, you DO allow it.

    A former president of the United States caught dead to rights on multiple felonies for fucksake?

    It makes perfect sense why you and Hate would think that all his despicable and heinous criminality should just be ignored.

    And you make excuses for pedojoe. Who by the way, has not been convicted on anything either. You notice neither of us use the same language. Although curt is worth mocking every now and then.

    You "know" trumpster is guilty. So did most of the US think OJ was guilty. OOPS.


  6. by Ponderer on December 2, 2023 10:49 am

    "You "know" trumpster is guilty." -olde dude

    You "know" Biden is guilty.


    I will thoroughly enjoy watching as the volumes of evidence that I have already seen and heard condemning Trump, not to mention all the evidence we don't even know about yet, are publicly presented in all the cases that will most assuredly end in quite a number of guilty verdicts...

    ...While all the while, MAGA Republicans can't even keep a hearing into Biden going because of their complete and total lack of any credible, non-hallucinatory evidence or testimonies of anything usable against any Biden. Ever.

    Enjoyable as all get out. History will preserve whose case was the stronger of ours, od.




  7. by HatetheSwamp on December 2, 2023 11:05 am

    I will thoroughly enjoy watching as the volumes of evidence that I have already seen and heard condemning Trump, not to mention all the evidence we don't even know about yet...

    Oh, thanks, po. How EFFINperfect. The SS foremost practitioner of subjectivity as truth gives a puuuuuuure example of the Kierkegaardian Leap of Faith.

    "...not to mention all the evidence we don't even know about yet..."

    You da Kierkegaardaan EFFINbomb! Leap of Faith, BABY!

    Thanks for that.


  8. by oldedude on December 2, 2023 11:08 am
    "You "know" trumpster is guilty." -olde dude

    You "know" Biden is guilty.


    I reserve saying that until the trial is done and there's a verdict. And even then, there are appeals to be done. So no.


  9. by Ponderer on December 2, 2023 11:27 am

    "I reserve saying that until the trial is done and there's a verdict." -olde dude

    You aren't a court judge or a lawyer involved with the case. You are under no obligation to not speak your true mind in here, od.

    Plus, you can't imagine that you have been hiding your true opinion on the subject to where any of us would think that you're really reserving anything.


  10. by HatetheSwamp on December 2, 2023 11:49 am

    po,

    To prejudge is to be prejudiced. You're all over that...when the object is someone or something you hate.


  11. by Indy! on December 2, 2023 11:50 am

    OJ was guilty


  12. by HatetheSwamp on December 2, 2023 12:01 pm

    OJ has been deemed responsible by a jury of his peers.

    But, I, po's prejudging based on heretofore unknown evidence.

    That is hate...and, world-class FAITH!


  13. by oldedude on December 2, 2023 12:31 pm
    Curt- In response to the original post. Civil lawsuits would be a normal. Did trumpster ask the judge to exempt him in this case? Because that's pretty ballsey. And stranger things have happened in trumpsterville though.


  14. by Curt_Anderson on December 2, 2023 12:52 pm
    OD,
    In answer to your question...

    Trump suffers double court blow over Jan 6 cases
    Federal court judges have dealt two legal blows in Donald Trump’s attempts to evade criminal charges and lawsuits stemming from his alleged attempts to overturn 2020 presidential results.

    A long-awaited federal appeals court ruling on Friday determined that Mr Trump can be held civilly liable for inciting the riots at the US Capitol on 6 January, 2021 in the wake of his 2020 loss.

    The ruling, which followed three lawsuits from law enforcement officers and members of Congress whose lives were threatened that day, finds that the former president cannot use presidential “immunity” as a shield from that litigation.

    On Friday night, the judge overseeing his election subversion case in Washington DC determined that he also does not have presidential immunity to avoid charges in a case from US Department of Justice special counsel Jack Smith.
    independent.co.uk


  15. by oldedude on December 2, 2023 2:28 pm
    Okay, maybe that will throw him off the ticket. All we can do is hope. The problem with trumpster is that he'll drag it out and won't think of anyone else. So I'm pretty sure he'll screw over the GOP.


  16. by HatetheSwamp on December 2, 2023 2:52 pm

    A long-awaited federal appeals court ruling on Friday determined that Mr Trump can be...

    So, Trump's been found liable?


  17. by Curt_Anderson on December 2, 2023 3:09 pm
    No, HtS. It means Trump, the plaintiff and the prosecution can have their day in court, unless Trump wins on appeal.


  18. by Indy! on December 2, 2023 5:31 pm

    I didn't even read the OP before - that's actually pretty interesting. If people start winning cases against him, I wonder if the family of that woman who was killed will have grounds to sue.


  19. by oldedude on December 3, 2023 4:35 am
    You aren't a court judge or a lawyer involved with the case. You are under no obligation to not speak your true mind in here, od.

    Plus, you can't imagine that you have been hiding your true opinion on the subject to where any of us would think that you're really reserving anything.


    This is actually my true opinion. I choose not to be involved in your psychotic rants based only on the little voices in your head. Frau Blücher! Maybe because I've actually watched enough of this to know Not to give any shit at all until the trial ends.

    I also don't see any reason trumpster would be immune from anything even if not guilty. The bar is pretty low for civil lawsuits. Again. I've said my points (which apparently you didn't bother to read as usual). I thought they were pretty easy to understand.


  20. by HatetheSwamp on December 3, 2023 6:38 am

    The unanimous opinion from the three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit...

    Considering the District and the jury pool, huuuuuuuuuge judgments will be levied against Trump, all of which will be overturned.


  21. by Ponderer on December 3, 2023 8:31 am

    "Considering the District and the jury pool, huuuuuuuuuge judgments will be levied against Trump, all of which will be overturned." -Hate

    Would you care to put some money on that prognostication? Because I don't believe that a single criminal guilty verdict levied against him will ever be overturned. Who knows about the dozens or even hundreds of civil cases that are sure now to end up in his lap.

    Do you understand, Bill, that his "defense" has not been that he didn't commit the crimes he's accused of. Which is silly on its face because the evidence of what all he did in pretty much every case is overwhelming and blatant.

    He says that the things he did were not illegal. He says that he didn't do anything wrong. He says that he has never broken any laws. He says that as a former president, he has presidential immunity from prosecution for anything he does. He says that as a presidential candidate, he can't be tried in court or it's "election interference".

    These are his "defenses". Absolutely none of which are anything like a defense. Because the things he did are illegal. The things he did were immensely wrong. The things he did actually did break laws. As a former president, he has absolutely no immunity against prosecution whatsoever (The only person with any presidential immunity at all right now is Joe Biden). Being a presidential candidate in no way shields him from any criminal prosecution in any way.

    He's got nothing, Bill. He has no real defense to stand on whatsoever. That's why all the stalling and appeals and distraction. His only hope is to screw all his cases up so badly that he gets off on some technicality or a mistrial. It's literally all he's got since he knows that he's guilty as sin and they got him dead to rights on everything.

    So what do you want to say? Twenty bucks...?

    ?




  22. by HatetheSwamp on December 3, 2023 3:39 pm

    po,

    This regards civil trials, not criminal.


  23. by Curt_Anderson on December 3, 2023 4:04 pm
    HtS, see my post number 14 in this thread. There were two decisions Friday, regarding immunity, one decision covered criminal activity, the other civil.


  24. by Ponderer on December 3, 2023 5:03 pm

    I specified. I was specific.

    Don't worry about it. It woulda been a sucker bet for you anyways.


  25. by oldedude on December 3, 2023 8:31 pm
    I think the issue is more about the title to the thread. Specifically, it's only talking about CIVIL lawsuits. I assumed the same thing and stayed on point.

    Choose, but I think the attack is completely unwarranted.


  26. by Indy! on December 4, 2023 5:13 pm

    Peebs...
    Considering the District and the jury pool, huuuuuuuuuge judgments will be levied against Trump, all of which will be overturned.

    Yes, but he will tied up in court defending himself until the day he dies. 😂


  27. by HatetheSwamp on December 5, 2023 3:48 am

    Bang on. The Swamp at its very best... worst!


  28. by HatetheSwamp on December 5, 2023 3:51 am

    Curt, re #23. All of this DC brouhaha will, ultimately, be reversed... see pb's Legal Goober #1.


  29. by Ponderer on December 5, 2023 5:04 am

    "All of this DC brouhaha will, ultimately, be reversed... see pb's Legal Goober #1." -Hate

    Bill, why are you so all-fired positive that Donald Trump has done nothing worthy or deserving of an actual guilty verdict? Civilly or criminally? That there really isn't any prosecutable evidence of him having done anything illegal or that he's civilly liable for? Why is it just so impossible for you to accept? You're gloming on to one media-hungry lawyer who will say whatever you want to hear in opposition to every other legal scholar commenting out there and use him as your shield against any actual reality getting through to you.

    Wow, Bill. That's exactly what Trump did to get into all this trouble in the first place. Birds of a despicable feather I suppose.

    Is your devotion to and belief in Donald Trump really so intense that the very idea of him committing crimes simply can't get through into your version of reality, so therefore all the allegations against him are false? Even in the face of overwhelming evidence in the real world to the contrary? Is your MAGA World brainwashing that complete?

    I'm being totally serious here.


    "To prejudge is to be prejudiced." -Hate

    So then why do you feel so free to prejudge Biden? You've prejudged that all the "evidence", which so far doesn't even exist against Biden, will certainly find him guilty once it is brought from nonexistence to reality by GOP hearings. Why does Biden get such a pass from you on your opinion about prejudging? Why does your rule about prejudging only apply to Trump? Why are you happy to prejudge and be prejudiced only against Biden?

    Is it because of your genetic predisposition as a conservative MAGA Republican to be the personification of hypocrisy?

    "But, I, po's prejudging based on heretofore unknown evidence." -Hate

    No I'm not. All the evidence that I am prejudging Trump on is quite well known outside of Fox News, Breitbart, OAN, Info Wars, Epoch Times, etc. and has been for some time. It's already been presented in impeachments and hearings and in several court cases already. It's been very well covered. You have to really work hard to not have seen any of it, as you have.


  30. by HatetheSwamp on December 5, 2023 5:47 am

    Bill, why are you so all-fired positive that Donald Trump has done nothing worthy or deserving of an actual guilty verdict? Civilly or criminally...

    pb's never said that. In fact, he's said the opposite. But, on the DC stuff?, he'll stick with pb's Legal Goober #1.

    So then why do you feel so free to prejudge Biden? You've prejudged that all the "evidence", which so far doesn't even exist against Biden, will certainly find him guilty once it is brought from nonexistence to reality by GOP hearings.

    See, now, this is why I wish you had a sense of humor. Coming from you, this could be BABYLON BEE level self parody.

    pb ain't prejudging "that feckless dementia-ridden piece of crap." He's saying that there's enuff data to inquire into the truth of his assertion that he had no awareness of the Family’s business dealings.


  31. by Ponderer on December 5, 2023 6:46 am

    "pb ain't prejudging "that feckless dementia-ridden piece of crap." He's saying that there's enuff data to inquire into the truth of his assertion that he had no awareness of the Family’s business dealings." -Hate

    Yeah but you're saying that when there isn't. That's the point I'm getting at. So what... it's an impeachable offense to not know everything about the business dealings of every family member...? Or even to have full knowledge of them? Before anyone can be an accessory to a crime, a crime at least needs to have been established as having been committed by somebody. That's what you don't have. That's why Trump's justice department couldn't even make anything out of this baloney.

    Why does the merest baseless suggestion that Biden might have done something wrong get your full-throated endorsement and support with nothing real to back it up with, while volumes of undeniable evidence of Trump's crimes, that millions have been witness to with their own eyes and ears, that has resulted in over 90 felony charges doesn't even muster a shred of acknowledgement from you?

    How is this not highly biased, close-minded hypocrisy, Bill?


  32. by oldedude on December 5, 2023 6:48 am
    I agree Bill, She is showing that exactly.


  33. by HatetheSwamp on December 5, 2023 7:12 am

    po,

    Your knowledge of the inner workings of the House Oversight Committee is comprehensive? You know all that is known?

    Baha. Now, that's a blast from the past! Good ol fashioned po centering the universe delusions of omniscience!

    Back in the day, you claimed to know all about once a day. Not so much anymore.

    Thanks for the oldie but goodie! Keehee ha! You da bomb.


  34. by Indy! on December 5, 2023 8:44 am

    How come Trump never looks happy?


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