UNITED STATES: Donald Trump, as stated by the Justice Department, does not deserve absolute immunity against civil lawsuits that want to hold him responsible for the attacks on the US Capitol that took place on the January 6, 2021 as he stirred up “imminent private violence”.
Although expressing opinions on problems of public welfare was far within the “outside perimeter” of his presidential power, Trump claims that he cannot be held liable for all that occurred up until the 2021 assaults.
Trump was backed by his government lawyers, who mentioned that presidents deserve immunity and protection against being sued as they have to cater to their official duties as well. However, in the fresh court brief file, they did not adhere to the view holding opinions that the allegations in the January 6 cases shall not earn him protection.
The brief states that this exceptional case would be a terrible vehicle for settling those delicate issues, which are fundamentally important to the Executive Branch.
A Trump representative credited the department through a statement, saying that “presidential immunity is broad and absolute” and that the ruling permitting the January 6 cases can expose President Joe Biden to future lawsuits.
The statement said, “The DC Courts should rule for President Trump in short order and dismiss these frivolous lawsuits.”
As per the Justice Department lawyer, “According to the United States, such provocation of impending private violence would not fall within the purview of the President of the United States’ office.”
The position of the Justice Department now happens to be more vulnerable due to legal quandaries and political complexities. A broad interpretation of the constitutional separation of powers that provides immunity to a current or former president to be sued over official acts was historically welcomed by the department.
A pending criminal probe was led by Special Counsel Jack Smith’s footnote, where the government lawyers highlighted the cases at issue that comprised private and civil cases.
They added that the department “does not offer an opinion on whether someone may be held criminally liable for the events of January 6, 2021, or any actions related to those events.”
The Justice Department’s stance on the immunity question does not ensure that Trump will lose but can be detrimental to his case. Response ought to be filed by Trump’s lawyers before March 16.
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