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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFederal judge 'quickly disposes' of Trump's immunity claims while ruling in favor of Brian Sicknick's estate in Jan. 6 l
Fallen Capitol Police Officer Brian Sicknicks estate sued Donald Trump for inciting the riot that included a pepper spray attack on him. (Photos via Capitol Police and Getty)
The Washington, D.C. judge overseeing the wrongful death lawsuit against former President Donald Trump filed by Brian Sicknicks longtime partner over the Jan. 6 attack on the U.S. Capitol Complex swiftly and tidily rejected presidential immunity claims on Tuesday.
In a markedly terse analysis, U.S. District Court Judge Amit P. Mehta rejected the former presidents arguments out of hand.
The court first addresses, and quickly disposes of, former President Trumps assertion of immunity from suit, the judge wrote in the 12-page memorandum opinion and order obtained by Law&Crime.
https://www.msn.com/en-us/news/crime/federal-judge-quickly-disposes-of-trump-s-immunity-claims-while-ruling-in-favor-of-brian-sicknick-s-estate-in-jan-6-lawsuit/ar-AA1mnoA2
malaise
(275,667 posts)RFN!
brush
(56,474 posts)claim for J6, or SCOTUS' if it gets to them? Or will SCOTUS decline to hear it and leave the Circuit court's ruling in place?
2naSalit
(91,009 posts)That all other court proceedings are possible evidence for other cases and probably most likely in federal cases.
louis-t
(23,495 posts)Will decline to hear as opposed to turn down his claim of immunity. I don't think they will grant immunity. It would give Joe Biden way too much power for their tastes. Unless they give him retroactive presidential immunity and then sunset it on Jan. 20, 2021.
soldierant
(7,667 posts)and it would not surprise me to learn that the definition, and hence the determining factors, an=re different between immunity for criminal prosecution and immunity from civil suit.
Not that I believe he has any kind of immunity at all. I'm pretty sure he doesn't have infrom CoViD- if he does, he's keeping it very quiet.
TSExile
(3,228 posts)Brian Sicknick's blood is on that monster's hands - even if they weren't technically the hands that dealt the fatal blows. T**** is a MURDERER!!!
William Seger
(10,930 posts)Ashley Babbitt is dead because she believed Trump's lies, but her mother is a cultist, too.
louis-t
(23,495 posts)to sue the Capitol police for protecting Congress people from her darling daughter.
imavoter
(657 posts)depends on her mother if she wants to press charges.
Bayard
(23,638 posts)"Swiftly and tidily rejected."
krkaufman
(13,624 posts)Doesnt seem nearly as victorious as characterized.
CONCLUSION AND ORDER For the foregoing reasons, the court grants in part and denies in part Defendants Motions to Dismiss, ECF Nos. 40, 49, 50. Plaintiffs claims under the Wrongful Death Act (Count 1) and for negligence per se (Counts 4 and 5) are dismissed, but Plaintiff may proceed as to her Survival Act claim based on § 1985(1) (Counts 2 and 3). Dated: January 2, 2024 Amit P. Mehta United States District Court Judge Case 1:23-cv-00038-APM
ShazzieB
(18,055 posts)It sounds like there was more than one motion involved, and the court did not rule the same way on all of them ("the court grants in part and denies in part Defendants Motions to Dismiss" ), but the immunity issue is key. If the court had ruled that he does have immunity, the whole lawsuit would be out the window, and that did not happen. I think it's appropriate to call that a pretty big win!
onenote
(43,981 posts)Also, both this case and the case on which the court relied were civil cases, not criminal. While Smith cites the DC Circuit case in his brief opposing Trump's immunity claim, he doesn't make it the centerpiece of his arguments (although Smith does point out that at least with respect to Trump's actions on January 6, he was engaged in election-related activity that does not fall within the "outer perimeter" of a president's responsibilities.
AllaN01Bear
(22,487 posts)bucolic_frolic
(45,930 posts)niyad
(118,228 posts)They are, after all, supreme.
turbinetree
(25,077 posts)the others that were there at the time........end of story.........
Duppers
(28,198 posts)turbinetree
(25,077 posts)and the get away driver is sitting in the car.......guess what he gets charged for murder......even if he wasn't in the building......this is just amazing..............
lindysalsagal
(21,963 posts)There finaly ARE precedents for former potuses attempting to circumvent oversight and criminal acts.
republianmushroom
(16,598 posts)NCjack
(10,287 posts)and 500 pages of verbiage to tell Trump that he loses.
cstanleytech
(26,831 posts)method of removing them from office so any defense based around complete immunity are invalid IMO.
DJ Porkchop
(574 posts)Is how we need to rid the infestation of Trump. Go Judge Mehta!
usonian
(12,445 posts)MichMan
(12,681 posts)Thinking it should be $200 million at least. Maybe a lot more.