As Donald Trump campaigns for president, he faces multiple legal problems. These include charges in Washington of trying to subvert the 2020 election; Florida of hoarding classified documents; and New York for falsifying business records related to payments made for Stormy Daniels’ silence.
The Supreme Court is currently considering his argument that he has immunity in relation to the Capitol case; should they agree, his trial could be postponed.
The Case Against Trump’s Presidential Immunity
On Tuesday, a federal appeals court denied President Trump his main defense in his case of election subversion: ruling that being president doesn’t grant him an “out-of-jail-free pass.” This verdict dealt a body blow to his argument that any action he took during his unsuccessful bid to reverse 2020 results – including pressuring Vice President Pence not to certify their outcomes – were all within “outer perimeters” of his presidential duties.
Judges on the U.S. Court of Appeals for the District of Columbia Circuit issued an unanimous decision in which they unreservedly rejected Trump’s claims of presidential immunity to defend his actions, citing historical precedent and practical considerations as reasons against allowing former presidents free reign to violate citizens’ rights after leaving office.
Trump’s attorneys will file an emergency request with the Supreme Court to temporarily stop proceedings while they develop their appeal, with an expected decision by them shortly as to whether or not to intervene in their client’s legal battles.
The Case Against Trump’s Criminal Immunity
Trump has attempted to protect himself from liability as president for actions taken during his time in office, including by invoking immunity in civil cases brought by Capitol Police officers and Democratic lawmakers. A lower court judge previously rejected this claim for immunity. Now, two appellate judges have found against him since his speeches prior to riot were not part of his official duties.
Trump could face increased financial risk in this case as plaintiffs seek damages for injuries sustained during the riot and any criminal penalties that result from charges brought by special prosecutor Jack Smith regarding election subversion. Although Trump had the opportunity to challenge this appeals court decision before reaching out to the Supreme Court for review, he decided not to do so and may attempt claiming immunity again later on despite all the accusations being levelled at him.
The Case Against Trump’s Civil Liability
New York state prosecutors filed civil suits against Trump and his businesses over allegations of fraud and defamation, and Manhattan District Attorney Cyrus Vance is conducting an extensive investigation into their financial crimes, such as insurance fraud and tax evasion.
Representative Eric Swalwell filed his own suit against President Trump and several associates over the Jan. 6 riots, alleging violations of federal civil rights laws (such as the Ku Klux Klan Act ) as well as violations of DC code related to inciting riots and assaulting Congress members.
Zervos also filed a civil suit against Trump in New York state court, alleging sexual misconduct during his campaign; specifically that he kissed and grabbed her inappropriately when she applied for employment from him. She is seeking damages of $250 Million from Trump.
The Case Against Trump’s Future
Civil cases related to Donald Trump’s efforts to undermine the 2020 election are proceeding quickly and could have serious financial repercussions for him. Meanwhile, a federal appeals court has yet to address his request that he should be immune from prosecution for his actions on Jan. 6.
MOSLEY: The Supreme Court could respond in different ways. They could choose to hear this case quickly or slowly or they could even simply disregard it altogether and allow lower courts to decide this critical matter of presidential immunity themselves.
Prosecutors involved in civil cases will face additional hurdles when facing judge’s discretion in prolonging discovery and postponing trial until after 2024 elections. Furthermore, she may need to weigh in on sensitive information that prosecutors want kept private.
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