DC - Former President Donald Trump indicted, 4 federal counts in 2020 election interference, 1 Aug 2023, Trial 4 Mar 2024 #2

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Trump doesn’t have presidential immunity from lawsuits over January 6, appeals court rules​

Fri, December 1, 2023 at 12:08 PM EST


Trump will still be able to seek additional appeals on the issue, if he chooses.

But at this time, the decision allows three lawsuits against Trump from Capitol Police officers and members of Congress who are seeking recovery from emotional distress and physical injury from the attack to move forward, and at least a half dozen other lawsuits against Trump may be able to emerge from dormancy too. The complaints largely rely on a federal law prohibiting individuals from conspiring to prevent someone from holding federal office.

The opinion, written by Chief Judge Sri Srinivasan, states that not everything a president does or says while in office is protected from liability.

The president “does not spend every minute of every day exercising official responsibilities,” the opinion said. “And when he acts outside the functions of his office, he does not continue to enjoy immunity. … When he acts in an unofficial, private capacity, he is subject to civil suits like any private citizen.”

Two of the lawsuits were brought by Democratic House members, while a third was filed by Capitol Police officers.
 
Last edited:

Trump doesn’t have presidential immunity from lawsuits over January 6, appeals court rules​

Fri, December 1, 2023 at 12:08 PM EST


Trump will still be able to seek additional appeals on the issue, if he chooses.

But at this time, the decision allows three lawsuits against Trump from Capitol Police officers and members of Congress who are seeking recovery from emotional distress and physical injury from the attack to move forward, and at least a half dozen other lawsuits against Trump may be able to emerge from dormancy too. The complaints largely rely on a federal law prohibiting individuals from conspiring to prevent someone from holding federal office.

The opinion, written by Chief Judge Sri Srinivasan, states that not everything a president does or says while in office is protected from liability.

The president “does not spend every minute of every day exercising official responsibilities,” the opinion said. “And when he acts outside the functions of his office, he does not continue to enjoy immunity. … When he acts in an unofficial, private capacity, he is subject to civil suits like any private citizen.”

Two of the lawsuits were brought by Democratic House members, while a third was filed by Capitol Police officers.

It's good to hear this interpretation of the law. Trump is likely surprised by this ruling. He most likely believes that as long as he was president, he was above the law.

Frankly, I don't believe a president should be immune from prosecution ever, not even when he or she is acting within the duties of office, but that's just my opinion.
 
Here are a few of them that I have in my notes:

11) Washington D.C. - Karen Bass et al. Incitement Suit for Jan. 6 Capitol Attack. Thompson v. Trump, No. 21-cv-00400 (D.D.C. filed Feb. 16, 2021).
Plaintiff: Rep. Karen R. Bass, Rep. Stephen I. Cohen, Rep. Veronica Escobar, Rep. Pramila Jayapal, Rep. Henry C. Johnson, Jr., Rep. Marcia C. Kaptur, Rep. Barbara J. Lee, Rep. Jerrold Nadler, Rep. Maxine Waters, and Rep. Bonnie M. Watson Coleman, represented by the NAACP.
Case Summary: On Feb. 16, 2021, Mississippi Congressman Bennie Thompson sued former President Trump & Rudy Giuliani along with two right-wing militia groups known as the Proud Boys & the Oath Keepers, for violating the Ku Klux Klan Act of 1871, 42 U.S.C. § 1985(1). In the complaint, Thompson alleges that Trump violated the Ku Klux Klan Act by inciting the rioters with the intent to prevent Members of Congress from discharging their official duties of the timely approval of the Electoral College vote. He argues that after Trump’s loss in the November 2020 election, the then-President set out on a campaign to mobilize his supporters, culminating in the Jan. 6, 2021 attack on the Capitol. It portrays Trump’s rhetoric on the morning of Jan. 6 as a call to arms & as intended to prevent the certification of the election.
Case Status: On Apr. 7, 2021, ten additional members of Congress joined the lawsuit as plaintiffs. The defendants then moved to dismiss on May 26. In Trump’s motion, he argued (i) that he has absolute immunity because he was acting as president; (ii) that even if he did not have absolute immunity, the Westfall Act shields him from any personal liability; (iii) that members of Congress cannot sue under the KKK Act; and (iv) that his speech was protected by the First Amendment. As of September 2021, the court has not ruled on the motions.
Update-1: On July 21, 2021, Rep. Thompson announced that he would withdraw from the lawsuit to avoid any conflict with the Jan. 6 House Select Committee, which Thompson is chairing. The other plaintiffs–all members of Congress who are not on the Committee–confirmed that they would continue the lawsuit.
Update-2: Judge Mehta–who is also presiding over the Swalwell & Blassingame Jan. 6 suits–scheduled a combined oral argument for Jan. 10, 2022, for all three cases.
Update-3: On Feb. 18, 2022, the district court denied Trump’s motion to dismiss the § 1985 claim against him.
Update-4: On Mar. 18, 2022, Trump appealed the district court’s ruling to the D.C. Circuit. The D.C. Circuit consolidated the appeal with those in the Swalwell & Blassingame Jan. 6 suits.
Update-5: Trump filed his appeal brief on July 27, 2022. He challenged only the district court’s ruling that he lacked absolute presidential immunity, arguing that his speech surrounding Jan. 6 fell within his official presidential duties.

12) Washington DC - Capitol Police Suit for Jan. 6 Riots. Blassingame v. Trump, No. 21-cv-00858 (D.D.C. filed Mar. 30, 2021). Plaintiff: James Blassingame and Sidney Hemby, two Capitol police officers.
Case Summary: On Mar. 30, 2021, two Capitol Police Officers sued Donald Trump for injuries they sustained during the Jan. 6 riots in DC. The officers–James Blassingame & Sidney Hemby–say they were maced with bear spray, attacked with fists & flagpoles, and even crushed against a door as they tried to protect the Capitol from pro-Trump intruders. Much like the other Jan. 6 suits against Trump, the officers pin their injuries on Trump’s incendiary rhetoric before & during violence. Both allege that Trump directed the rioters to assault them, aided the rioters in committing those assaults, and negligently incited the riot in violation of DC’s public safety codes. Blassingame also accuses Trump of directing intentional infliction of emotional distress, pointing to the racial slurs & taunts that the intruders allegedly hurled at him during the violence.
Case Status: The officers filed their suit in DC federal court on Mar. 30, 2021. On Apr. 28, 2021, the plaintiffs added two new conspiracy claims against Trump, one based on the KKK Act & the other on common law conspiracy. They allege that Trump illegally conspired with the Proud Boys & the Oath Keepers to storm the Capitol, which in turn caused the plaintiffs’ injuries.
Update-1: Donald Trump filed a motion to dismiss on June 24, 2021. He repeated many of the arguments from his motions to dismiss in the Bass & Swalwell suits, including absolute presidential immunity, freedom of speech & preclusion based on Trump’s impeachment acquittal.
Update-2: Judge Mehta–who is also presiding over the Bass & Swalwell Jan. 6 suits–scheduled a combined oral argument for Jan. 10, 2022, for all three cases.
Update-3: On Feb. 18, 2022, the district court denied Trump’s motion to dismiss the claims under § 1985, assault, and negligence per se. The court granted Trump’s motion to dismiss the emotional distress, punitive damages, and civil conspiracy claims.
Update-4: On Mar. 18, 2022, Trump appealed the district court’s ruling to the D.C. Circuit. The D.C. Circuit consolidated the appeal with those in the Swalwell & Bass Jan. 6 suits.
Update-5: Trump filed his appeal brief on July 27, 2022. He challenged only the district court’s ruling that he lacked absolute presidential immunity, arguing that his speech surrounding Jan. 6 fell within his official presidential duties.


13) Washington D.C. - Second Capitol Police Suit over the Jan. 6 Riots. Smith v. Trump, No. 21-cv-02265 (D.D.C. filed Aug. 26, 2021). Plaintiff: Seven Capitol Police officers. Case # 21-cv-2265
Case Summary: On Aug. 26, 2021, a second group of Capitol Police officers filed suit over injuries they suffered while defending the Capitol on Jan. 6. The officers allege that Trump and his co-defendants–including the Proud Boys and the Oath Keepers–conspired to incite a riot and attack the Capitol, leaving the officers physically and emotionally injured. Like the other Jan. 6 lawsuits against Trump, the complaint asserts that Trump violated the KKK Act by conspiring to instigate the riots. The complaint also alleges that unnamed defendants–listed as “John Does” who carried out the attack–physically assaulted the officers at Trump’s provocation, which could make Trump liable for the officers’ injuries. The plaintiffs also add in a unique claim not found in other Jan. 6 lawsuits against Trump: that the defendants violated the DC Bias-Related Crimes Act, a local hate-crime statute. According to the complaint, the defendants were motivated by political bias against the Democratic Party when they instigated and executed the Capitol attack.
Case Status: The officers filed their suit in DC federal court on Aug 26, 2021.
Update-1: Donald Trump filed a motion to dismiss on Nov. 12, 2021. Much like in the other Jan. 6 suits, Trump argued that his speech was constitutionally protected by presidential immunity, the First Amendment, and preclusion as a result of the impeachment acquittal.
Update-2: On Dec. 5, 2021, the plaintiffs amended their complaint to add an eighth officer as a plaintiff and to add a pro-Trump PAC as an additional defendant. The court ruled that the defendants could file new motions to dismiss against this amended complaint, due by Dec. 23, 2021.
Update-3: Trump filed a motion to dismiss the amended complaint on Jan. 31, 2022. He once again argued that the plaintiffs failed to state a claim and that Trump’s speech was protected by absolute immunity and the First Amendment.
Update-4: The district court denied Trump’s motion to dismiss on Jan. 26, 2023.
Update-5: Status conference on 1/11/24 @ 5pm, telephone/VTC hearing. Judge Amit P. Mehta presiding.

14) Washington D.C. - Third Capitol Police Suit over the Jan. 6 Riots. Moore v. Trump, No. 22-cv-00010 (D.D.C. filed Jan. 4, 2022). Plaintiff: Marcus J. Moore, US Capitol Police Officer.
Case Summary: On Jan. 4, 2022, a third suit was filed by a Capitol Police officer alleging that physical & emotional injuries he suffered were caused by Trump’s inciting the Jan. 6 riot. The complaint alleges that Trump directed, aided & abetted, and conspired to incite the riot. The officer seeks compensatory and punitive damages.
The officer claims that the actions, tweets & comments made by Trump prior, during, and after the insurrection resulted in actual physical injuries as rioters struck him & attacked him with physical objects & chemical agents. Like other Jan. 6 lawsuits, the officer claims Trump violated the KKK Act as Trump conspired to attack the Capitol with his followers. The officer, like earlier lawsuits, further cited violations of the D.C. Code for inciting a riot and disorderly conduct.
Case Status: The officer filed his suit in DC District Court on January 4, 2022.


*January 6th, Lawsuits and Investigations - 9

Now I have to find this article that I read about these with more updates...
 
Here are a few of them that I have in my notes:

11) Washington D.C. - Karen Bass et al. Incitement Suit for Jan. 6 Capitol Attack. Thompson v. Trump, No. 21-cv-00400 (D.D.C. filed Feb. 16, 2021).
Plaintiff: Rep. Karen R. Bass, Rep. Stephen I. Cohen, Rep. Veronica Escobar, Rep. Pramila Jayapal, Rep. Henry C. Johnson, Jr., Rep. Marcia C. Kaptur, Rep. Barbara J. Lee, Rep. Jerrold Nadler, Rep. Maxine Waters, and Rep. Bonnie M. Watson Coleman, represented by the NAACP.
Case Summary: On Feb. 16, 2021, Mississippi Congressman Bennie Thompson sued former President Trump & Rudy Giuliani along with two right-wing militia groups known as the Proud Boys & the Oath Keepers, for violating the Ku Klux Klan Act of 1871, 42 U.S.C. § 1985(1). In the complaint, Thompson alleges that Trump violated the Ku Klux Klan Act by inciting the rioters with the intent to prevent Members of Congress from discharging their official duties of the timely approval of the Electoral College vote. He argues that after Trump’s loss in the November 2020 election, the then-President set out on a campaign to mobilize his supporters, culminating in the Jan. 6, 2021 attack on the Capitol. It portrays Trump’s rhetoric on the morning of Jan. 6 as a call to arms & as intended to prevent the certification of the election.
Case Status: On Apr. 7, 2021, ten additional members of Congress joined the lawsuit as plaintiffs. The defendants then moved to dismiss on May 26. In Trump’s motion, he argued (i) that he has absolute immunity because he was acting as president; (ii) that even if he did not have absolute immunity, the Westfall Act shields him from any personal liability; (iii) that members of Congress cannot sue under the KKK Act; and (iv) that his speech was protected by the First Amendment. As of September 2021, the court has not ruled on the motions.
Update-1: On July 21, 2021, Rep. Thompson announced that he would withdraw from the lawsuit to avoid any conflict with the Jan. 6 House Select Committee, which Thompson is chairing. The other plaintiffs–all members of Congress who are not on the Committee–confirmed that they would continue the lawsuit.
Update-2: Judge Mehta–who is also presiding over the Swalwell & Blassingame Jan. 6 suits–scheduled a combined oral argument for Jan. 10, 2022, for all three cases.
Update-3: On Feb. 18, 2022, the district court denied Trump’s motion to dismiss the § 1985 claim against him.
Update-4: On Mar. 18, 2022, Trump appealed the district court’s ruling to the D.C. Circuit. The D.C. Circuit consolidated the appeal with those in the Swalwell & Blassingame Jan. 6 suits.
Update-5: Trump filed his appeal brief on July 27, 2022. He challenged only the district court’s ruling that he lacked absolute presidential immunity, arguing that his speech surrounding Jan. 6 fell within his official presidential duties.

12) Washington DC - Capitol Police Suit for Jan. 6 Riots. Blassingame v. Trump, No. 21-cv-00858 (D.D.C. filed Mar. 30, 2021). Plaintiff: James Blassingame and Sidney Hemby, two Capitol police officers.
Case Summary: On Mar. 30, 2021, two Capitol Police Officers sued Donald Trump for injuries they sustained during the Jan. 6 riots in DC. The officers–James Blassingame & Sidney Hemby–say they were maced with bear spray, attacked with fists & flagpoles, and even crushed against a door as they tried to protect the Capitol from pro-Trump intruders. Much like the other Jan. 6 suits against Trump, the officers pin their injuries on Trump’s incendiary rhetoric before & during violence. Both allege that Trump directed the rioters to assault them, aided the rioters in committing those assaults, and negligently incited the riot in violation of DC’s public safety codes. Blassingame also accuses Trump of directing intentional infliction of emotional distress, pointing to the racial slurs & taunts that the intruders allegedly hurled at him during the violence.
Case Status: The officers filed their suit in DC federal court on Mar. 30, 2021. On Apr. 28, 2021, the plaintiffs added two new conspiracy claims against Trump, one based on the KKK Act & the other on common law conspiracy. They allege that Trump illegally conspired with the Proud Boys & the Oath Keepers to storm the Capitol, which in turn caused the plaintiffs’ injuries.
Update-1: Donald Trump filed a motion to dismiss on June 24, 2021. He repeated many of the arguments from his motions to dismiss in the Bass & Swalwell suits, including absolute presidential immunity, freedom of speech & preclusion based on Trump’s impeachment acquittal.
Update-2: Judge Mehta–who is also presiding over the Bass & Swalwell Jan. 6 suits–scheduled a combined oral argument for Jan. 10, 2022, for all three cases.
Update-3: On Feb. 18, 2022, the district court denied Trump’s motion to dismiss the claims under § 1985, assault, and negligence per se. The court granted Trump’s motion to dismiss the emotional distress, punitive damages, and civil conspiracy claims.
Update-4: On Mar. 18, 2022, Trump appealed the district court’s ruling to the D.C. Circuit. The D.C. Circuit consolidated the appeal with those in the Swalwell & Bass Jan. 6 suits.
Update-5: Trump filed his appeal brief on July 27, 2022. He challenged only the district court’s ruling that he lacked absolute presidential immunity, arguing that his speech surrounding Jan. 6 fell within his official presidential duties.


13) Washington D.C. - Second Capitol Police Suit over the Jan. 6 Riots. Smith v. Trump, No. 21-cv-02265 (D.D.C. filed Aug. 26, 2021). Plaintiff: Seven Capitol Police officers. Case # 21-cv-2265
Case Summary: On Aug. 26, 2021, a second group of Capitol Police officers filed suit over injuries they suffered while defending the Capitol on Jan. 6. The officers allege that Trump and his co-defendants–including the Proud Boys and the Oath Keepers–conspired to incite a riot and attack the Capitol, leaving the officers physically and emotionally injured. Like the other Jan. 6 lawsuits against Trump, the complaint asserts that Trump violated the KKK Act by conspiring to instigate the riots. The complaint also alleges that unnamed defendants–listed as “John Does” who carried out the attack–physically assaulted the officers at Trump’s provocation, which could make Trump liable for the officers’ injuries. The plaintiffs also add in a unique claim not found in other Jan. 6 lawsuits against Trump: that the defendants violated the DC Bias-Related Crimes Act, a local hate-crime statute. According to the complaint, the defendants were motivated by political bias against the Democratic Party when they instigated and executed the Capitol attack.
Case Status: The officers filed their suit in DC federal court on Aug 26, 2021.
Update-1: Donald Trump filed a motion to dismiss on Nov. 12, 2021. Much like in the other Jan. 6 suits, Trump argued that his speech was constitutionally protected by presidential immunity, the First Amendment, and preclusion as a result of the impeachment acquittal.
Update-2: On Dec. 5, 2021, the plaintiffs amended their complaint to add an eighth officer as a plaintiff and to add a pro-Trump PAC as an additional defendant. The court ruled that the defendants could file new motions to dismiss against this amended complaint, due by Dec. 23, 2021.
Update-3: Trump filed a motion to dismiss the amended complaint on Jan. 31, 2022. He once again argued that the plaintiffs failed to state a claim and that Trump’s speech was protected by absolute immunity and the First Amendment.
Update-4: The district court denied Trump’s motion to dismiss on Jan. 26, 2023.
Update-5: Status conference on 1/11/24 @ 5pm, telephone/VTC hearing. Judge Amit P. Mehta presiding.

14) Washington D.C. - Third Capitol Police Suit over the Jan. 6 Riots. Moore v. Trump, No. 22-cv-00010 (D.D.C. filed Jan. 4, 2022). Plaintiff: Marcus J. Moore, US Capitol Police Officer.
Case Summary: On Jan. 4, 2022, a third suit was filed by a Capitol Police officer alleging that physical & emotional injuries he suffered were caused by Trump’s inciting the Jan. 6 riot. The complaint alleges that Trump directed, aided & abetted, and conspired to incite the riot. The officer seeks compensatory and punitive damages.
The officer claims that the actions, tweets & comments made by Trump prior, during, and after the insurrection resulted in actual physical injuries as rioters struck him & attacked him with physical objects & chemical agents. Like other Jan. 6 lawsuits, the officer claims Trump violated the KKK Act as Trump conspired to attack the Capitol with his followers. The officer, like earlier lawsuits, further cited violations of the D.C. Code for inciting a riot and disorderly conduct.
Case Status: The officer filed his suit in DC District Court on January 4, 2022.


*January 6th, Lawsuits and Investigations - 9

Now I have to find this article that I read about these with more updates...
Very, very interesting.
 
I don't think anyone has posted this yet. My apologies if so. Here's Judge Chutkan's Memorandum Opinion. It's 48 pages long but it's quite a lesson. Would be nice if the Trump supporters would read it, but I digress. https://www.courthousenews.com/wp-c...2/chutkan-denies-trump-motions-to-dismiss.pdf
I wish DT supporters will read it too, but expect to be disappointed that they won't. Instead I expect a repetition of whatever trending talking points are being promoted by broadcasters who know their audience is not reading the documents but who are eager to be outraged.

jmo
 
Docket updat e- looks 174 & 175 were skipped but they could be the ones without #s in front of them under #173... who knows! LOL!


Doc # Date Filed Description
173 Dec 4, 2023 NOTICE of Filing by USA as to DONALD J. TRUMP (Windom, Thomas) (Entered: 12/04/2023) Main Document Notice (Other)

Dec 5, 2023 Order on Sealed Motion for Leave to File Document Under Seal

Dec 5, 2023 MINUTE ORDER as to DONALD J. TRUMP: The Government's unopposed 174 Sealed Motion for Leave to File Unredacted Notice Under Seal and for Entry of Redacted Notice on Public Docket is hereby GRANTED. The proposed filing contains Sensitive Materials, which the court has already determined warrant sealing. See Protective Order, ECF No. 28 . The Clerk of the Court is directed to file under seal the unredacted copy of the Government's Notice (ECF No. 174-1), and to file on the public docket the redacted copy of the Government's Notice (ECF No. 174-2). Signed by Judge Tanya S. Chutkan on 12/5/2023. (zjd)

176 Dec 5, 2023 NOTICE Pursuant to Federal Rule of Evidence 404(b) by USA as to DONALD J. TRUMP. (zhsj) (Entered: 12/05/2023) Main Document Notice (Other)


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
 
A Nevada grand jury indicted the six Republicans who falsely pledged the state’s electoral votes to Donald Trump in 2020 as Trump sought to reverse his loss to Joe Biden in the state.

The so-called alternate electors, one of whom is the head of the Nevada Republican Party, are each charged with two Nevada felonies related to the documents they signed purporting to be the state’s legitimate electors. The charges are for “offering a false instrument for filing” and “uttering a forged instrument.”

The indictments list five witnesses, including Kenneth Chesebro, a Trump lawyer who was an architect of the fake elector scheme. He pleaded guilty in Georgia in October for that work.

 
A Nevada grand jury indicted the six Republicans who falsely pledged the state’s electoral votes to Donald Trump in 2020 as Trump sought to reverse his loss to Joe Biden in the state.

The so-called alternate electors, one of whom is the head of the Nevada Republican Party, are each charged with two Nevada felonies related to the documents they signed purporting to be the state’s legitimate electors. The charges are for “offering a false instrument for filing” and “uttering a forged instrument.”

The indictments list five witnesses, including Kenneth Chesebro, a Trump lawyer who was an architect of the fake elector scheme. He pleaded guilty in Georgia in October for that work.

All these many people who are now indicted for election crimes by trying to falsely help Trump get elected, why did they do it?

Trump is not loyal. They won't gain anything from him.

Clue me in...
 
All these many people who are now indicted for election crimes by trying to falsely help Trump get elected, why did they do it?

Trump is not loyal. They won't gain anything from him.

Clue me in...
They did it because Trump's lawyers said it was legal. I have a close family member who is an attorney. He told me lawyers lie all the time. The good ones get away with it.

JMO
 
All these many people who are now indicted for election crimes by trying to falsely help Trump get elected, why did they do it?

Trump is not loyal. They won't gain anything from him.

Clue me in...
Why did they do it? Because they thought false victory for Trump was more important than democracy. They knew what they were doing was not legal, imo, but will claim otherwise. These are not novices to the electoral system but experienced political players, established in the party.

I suspect they thought if their scheme didn't work, the documentation of their fraud would simply be tossed in the garbage. imo

jmo
 

This Forbes article states that trump's lawyers have asked Judge Chutkan to respond to their request to pause the proceedings within 7 days. And have stated that if she rules against trump, they will appeal again.

Delay, delay, delay. The usual tactics. imo

 
^^There is a typo in the link quoted above. Take out the extra "i" in twitter and it works.

Lisa Rubin

@lawofruby

NEW: Judge Chutkan, faced with a motion to stay all proceedings before her pending Trump’s appeal of her decision on his claimed immunities and constitutional defenses, has ordered briefing. They’ll all be in by Dec. 12, when testimony in his NY civil fraud trial is expected to end.
 

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