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☆ Live Updates: Justices to Hear Obstruction Case That Could Bar Charges Against Trump
▼ + stars: | 2024-04-16 | by ( Adam Liptak | ) www.nytimes.com time to read: +6 min

Still, in an earlier case involving a different provision of the law, the Supreme Court said it should be tethered to its original purpose. Mr. Fischer is accused of entering the Capitol around 3:24 p.m. on Jan. 6, 2021, with the counting of electoral ballots having been suspended after the initial assault. But the question for the justices is legal, not factual: Does the 2002 law cover what Mr. Fischer is accused of? Indeed, the judges in the majority in an appeals court ruling against Mr. Fischer could not agree on just what the word meant. By a 5-to-4 vote, the Supreme Court agreed.

Persons: Donald J, Trump, Joseph W, Fischer, Trump’s, “, Mr, Judge Florence Y, Pan, Fischer’s, Justin R, Walker, Judge Walker, corruptly ’, ”, Judge Gregory G, Katsas, ” Judge Katsas, Ruth Bader Ginsburg, Elena Kagan, Kagan, Seuss Organizations: Sarbanes, Oxley, Enron, Capitol, Mr, ” Prosecutors, Yates, Supreme Locations: United States

☆ Trump not immune from Capitol riot lawsuits, appeals court rules, opening door to monetary damages
▼ + stars: | 2023-12-01 | by ( Dan Mangan | ) www.cnbc.com time to read: +2 min

Donald Trump does not have immunity from civil lawsuits related to the U.S. Capitol riot, a federal appeals court panel unanimously ruled Friday. The ruling does not say that Trump is liable for allegedly inciting, while president, the Jan. 6, 2021, attack on Congress by a mob of his supporters, which injured more than 100 police officers. The ruling came after Trump, the front-runner for the 2024 Republican presidential nomination, challenged the federal district court lawsuits filed against him. Srinivasan, who was appointed to his seat by former President Barack Obama, was joined in the ruling by Judge Judith Rogers and Judge Gregory Katsas. Katsas was appointed by Trump and previously was a clerk for conservative Supreme Court Justice Clarence Thomas.

Persons: Donald Trump, Trump, Joe Biden, Sri Srinivasan, Srinivasan, Barack Obama, Judge Judith Rogers, Gregory Katsas, Katsas, Clarence Thomas, Rogers, Bill Clinton Organizations: U.S, United States Capitol, Capitol, Trump, U.S ., Appeals, District of Columbia Circuit, Supreme Court, Democrat Locations: Washington , U.S

WASHINGTON (AP) — Lawsuits against Donald Trump brought by Capitol Police officers and Democratic lawmakers over the U.S. Capitol riot, can move forward, a federal appeals court ruled on Friday. Circuit Court of Appeals denied Trump's request to dismiss the lawsuits that accuse him of inciting the violent mob on Jan. 6, 2021. Political Cartoons View All 1274 ImagesTrump’s lawyers have said the president’s words involved “matters of public concern” and falls within the scope of absolute presidential immunity. They noted in court papers that Trump was acquitted in the U.S. Senate of inciting the riot after a historic impeachment trial, and claimed the lawsuits are “just this type of harassment presidential immunity is meant to foreclose.”The D.C. appeals court decision comes after Trump challenged a federal judge's ruling denying his effort to throw out the lawsuits. U.S. District Judge Amit Mehta had ruled that Trump’s words during the rally before the storming of the Capitol were likely “words of incitement not protected by the First Amendment.”

Persons: Donald Trump, it's, Judge Gregory Katsas, Trump, Jesse Binnall, Jack Smith, Joe Biden, ”, Judge Amit Mehta Organizations: WASHINGTON, Capitol Police, Democratic, U.S, Capitol, Circuit, Appeals, Trump, White House, U.S . Senate Locations: Washington, U.S

☆ Trump doesn’t have presidential immunity from lawsuits over January 6, appeals court rules
▼ + stars: | 2023-12-01 | by ( Katelyn | Holmes Lybrand | ) edition.cnn.com time to read: +3 min

Washington CNN —Former President Donald Trump isn’t immune from being held accountable in civil lawsuits related to the January 6, 2021, US Capitol riot in a long-awaited, consequential decision from the federal appeals court in Washington, DC. The decision arises out of lawsuits brought by Capitol Police officers and Democrats in Congress. The district court did find that Trump was protected by presidential immunity from the claim that he failed to stop to the riot, saying that he would be acting in his official presidential powers in that instance. Trump still will be able to contest the facts of the case as the lawsuits move forward. The appeals court said Trump also may be able to make more arguments around immunity before the January 6 lawsuits move into extensive evidence-gathering phases.

Persons: Donald Trump, Sri Srinivasan, “, Greg Katsas, Judith Rogers, Trump Organizations: Washington CNN, Capitol, Trump, Capitol Police, Congress, DC, Appeals, Democratic House Locations: Washington ,, Washington, DC

The question of executive immunity in cases of criminal prosecution for a president has never been settled, and Trump’s interpretation of it is far from universally agreed upon. “When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act,” wrote Chief Judge Sri Srinivasan of the D.C. “The Office of the Presidency as an institution is agnostic about who will occupy it next. And campaigning to gain that office is not an official act of the office.”A president, Srinavasan wrote in the 67-page opinion, “does not spend every minute of every day exercising official responsibilities. The opinion was joined by Judge Greg Katsas, who was appointed by Trump, and partly by Judge Judith Rogers, who was appointed by former President Bill Clinton.

Persons: Donald Trump’s, ”, Sri Srinivasan, Srinavasan, “, Donald Trump, Srinivasan, Barack Obama, Greg Katsas, Judith Rogers, Bill Clinton, throngs Organizations: Capitol, U.S . Capitol Police, Trump, Appeals, Presidency, Donald Trump View

At least three court cases touching legal issues that could affect special counsel Jack Smith’s approach are ripe for rulings from the DC Circuit. But the start of the new DC Circuit term in early September puts additional pressure on the circuit judges to clear out their opinions in lingering cases. Can investigators access data on the phone of a congressman who aided in Trump’s election reversal attempts? The DC Circuit has yet to decide whether investigators can access certain data from a phone of Perry’s that the FBI seized a year ago. However, Smith’s case as a criminal prosecution differs to the approach taken by the civil litigants in other ways.

Persons: Donald Trump, Jack Smith’s, Tanya Chutkan, Trump, Scott Perry, There’s, Smith, rioter Thomas Robertson, “ dishonestly, Karen Henderson, Nina Pillard, Florence Pan, Barack Obama, Joe Biden, Perry, Jeffrey Clark, Gregory Katsas, Neomi Rao, Ronald Reagan, Henderson, –, Sri Srinivasan, Katsas, Judith Rogers, Obama, Bill Clinton Organizations: CNN, US, DC Circuit, Republican, Capitol, Trump, Department, FBI, Pennsylvania Republican, Democratic, Justice Department Locations: Washington ,, Pennsylvania

☆ Ron DeSantis is drawing from the Trump Supreme Court playbook
▼ + stars: | 2023-06-06 | by ( Joan Biskupic | ) edition.cnn.com time to read: +10 min

CNN —When Supreme Court Justice Clarence Thomas appeared for the first time before the Florida Federalist Society in January 2020, Florida Gov. Some of DeSantis’ state court appointees became Trump federal court appointees, and their entire approach to the bench is fueled by Federalist Society figures like Leo. WaPo: Supreme Court justice's wife received thousands in 'hidden payments' 01:49 - Source: CNNUsing the Trump playbookBy using Leo for advice on state judicial appointments, DeSantis already is following a Trump playbook. He has filled a majority of the seats on the seven-member Florida Supreme Court, some twice over. Midway through his term, he wrote on Twitter, “The Supreme Court was one of the main reasons I got elected President.”

Persons: Clarence Thomas, Ron DeSantis, Thomas, Leonard Leo, Leo, Donald Trump’s, DeSantis, “, ” Leo, Ginni Thomas, ”, ProPublica’s, Thomas ’, Harlan Crow, Octavio Jones, Roe, Wade, Sullivan, Don McGahn, Gregory Katsas, Trump, ” DeSantis, ” Thomas, Katsas, WaPo, DeSantis ’, Jesse Panuccio, ” Panuccio, Barbara Lagoa, Robert Luck, Ruth Bader Ginsburg, Lagoa, Amy Coney Barrett, “ I’ve, Barrett, Neil Gorsuch, Brett Kavanaugh, Barack Obama’s, Antonin Scalia Organizations: CNN, Florida Federalist Society, Florida Gov, Disney, Federalist Society, White, Harvard Law School, Politico, Representatives, Trump White House, Republican, Trump, Republicans, DeSantis, Tampa Bay Times, Zuma Press, GOP, New York Times, US, DC Circuit, Gov, Orlando Federalist Society, Appeals, Circuit, Florida Supreme, Twitter Locations: Florida, Iowa, ’, Washington, Georgia, America, New Hampshire

April 26 (Reuters) - Former U.S. President Donald Trump has lost an appeal to block former Vice President Mike Pence from testifying in the special counsel probe into efforts to overturn the results of the 2020 presidential election, CNN reported on Wednesday. Earlier this month, Trump lawyers filed the appeal after a ruling related to the Justice Department investigation of efforts to undermine the election that Trump, a Republican, lost to Democrat Joe Biden. However, Pence disclosed that he would not appeal a judge's ruling that requires him to testify to a federal grand jury about conversations he had with Trump leading up to the deadly attack on the U.S. Capitol on Jan. 6, 2021. A representative for Trump did not immediately respond to a Reuters request for comment. Reporting by Sheena K Thomas in Bengaluru; Editing by Raju GopalakrishnanOur Standards: The Thomson Reuters Trust Principles.

REUTERS/Jonathan Ernst/File PhotoDec 7 (Reuters) - Donald Trump should be immune from civil lawsuits over last year's siege on the U.S. Capitol by his supporters, a lawyer for the former president told a federal appeals court on Wednesday. Democrats in Congress and police officers filed several lawsuits over the Jan. 6, 2021, Capitol attack that said Trump conspired with others to disrupt certification of the 2020 election results. But he reiterated that civil lawsuits should be barred because they could make other presidents vulnerable to future litigation over their speech. Joseph Sellers, arguing in defense of the lawsuits, said Trump does not have immunity because his actions disrupted the work of another branch of government. Several members of Congress who are suing Trump attended Wednesday's arguments, including Democrats Eric Swalwell and Pramila Jayapal.

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