Judge questions Trump's claim of 'absolute immunity' in Jan. 6 lawsuits
During a hearing, U.S. District Judge Amit Mehta appeared skeptical of Trump's argument that the suits from Democratic lawmakers and U.S. Capitol Police officers should be thrown out because a president's speech and actions while in office is completely protected from civil action.
"Is there anything the president could say while president of the United States that could subject him to civil suits?" said Mehta, who was appointed by former
President Obama.
Jesse Binnall, Trump's attorney, said he could not think of a hypothetical example that would fall outside of the immunity that the former president is claiming.
"It's a purposely hard road to hoe, because the duties of the president are all-encompassing," Binnall said. "When that person holds the office, for that term of office, what a president does is constantly part of being the sole person responsible for the executive branch of government."
Trump is seeking to have the suits dismissed, arguing that the comments he made during the rally are protected from civil action because he was carrying out the normal duties of a president — namely speaking to his supporters about government issues — and that allowing judicial intervention over that conduct would disrupt the office of the president.
But the plaintiffs argue that Trump's alleged incitement of his supporters was delivered as a candidate making a campaign speech and thus falls outside of the immunity afforded to a president's official duties.
"Those are actions that have to fall outside the scope of the presidency," Joseph Sellers, an attorney for Thompson, said during Monday's hearing. "The president could promote treason in a public forum, and by Mr. Binnall's argument, the court would be powerless to assess whether his conduct ... is immune."
Still, Mehta appeared to be unsure about where president's legal shield begins and ends, expressing caution about setting a precedent that could hinder a president's speech.
"How does any judge make a distinction between what is speech in a purely personal capacity, which you say is not subject to immunity versus that which is within the presidential capacity?" Mehta asked.
"What's been attributed to Mr. Trump is fomenting an insurrection directed at a co-equal branch of government that was either [intended to] or at least had the effect of disrupting the lawful function of the government, of the Congress," he said.
A federal judge on Monday questioned former President Trump’s claims of “absolute immunity” in the face of a trio of civil lawsuits accusing him of fomenting the Capitol riot last…
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