Federal Court Says Trump Not Immune In January 6 Case
Summary from the AllSides News Team
On Friday, a federal judge rejected Former President Donald Trump’s claim of presidential immunity in his January 6 insurrection court case.
The Details: Trump claimed immunity for his remarks made at the Capitol before the attack on January 6, 2023. U.S. A three-judge panel on the D.C. appeals court ruled that his actions were part of his re-election campaign which was “not an official presidential act,” making him subject to civil suits like any private citizen. The court also rejected Trump’s argument that his second impeachment (which claimed Trump incited insurrection) and subsequent acquittal meant he couldn’t be prosecuted in the case.
For Context: Trump faces four felony charges in the case, which he pleaded not guilty to in August. In November, a judge in Colorado ruled that Trump did incite an “insurrection” but should not be removed from the states’ primary election ballots, because of ambiguity on whether a 14th amendment clause applies to the president.
Key Quote: Sri Srinivasan, the Chief Judge of the D.C. appeals circuit wrote, "The district court largely rejected his claim of immunity, and President Trump now appeals. The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints. We answer no, at least at this state of the proceedings."
How The Media Covered It: The Hill (Center bias) included context that the judge who wrote the ruling was an Obama appointee.
Featured Coverage of this Story
From the Left
Trump, not acting in presidential capacity on Jan. 6, can be sued, court rulesFormer President Trump can be sued over his alleged role in inciting violence in the Jan. 6 insurrection on the Capitol, a federal appeals court ruled Friday.
Why it matters: The 2024 presidential candidate would not be protected by presidential immunity regarding remarks made before the attack because his re-election campaign was "not an official presidential act," a three-judge panel on the U.S. Court of Appeals for the District of Columbia held.
"The Office of the Presidency as an institution is agnostic about who will occupy it next," Chief Judge Sri Srinivasan wrote. "And campaigning to gain that...
From the Right
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U.S. District Judge Tanya Chutkan of the District of Columbia, responding to Trump's claim that the Constitution grants him "absolute immunity from criminal prosecution for actions performed within the ‘outer perimeter’ of his official responsibility," wrote that the former president doesn't have a "lifelong ‘"get-out-of-jail-free’ pass."
"Former Presidents enjoy no special conditions on their federal criminal liability. Defendant may be subject to federal investigation, indictment,...
From the Center
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“Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass, Former Presidents enjoy no special conditions on their federal criminal liability,” U.S. District Judge Tanya Chutkan wrote in the 48-page ruling.
“Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any...
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