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☆ How the Supreme Court’s decision on Trump’s immunity could turn on a single question
▼ + stars: | 2024-02-29 | by ( John Fritze | Tierney Sneed | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court will likely produce thousands of words when it decides this year whether former President Donald Trump may claim immunity from special counsel Jack Smith’s election subversion charges. Every time the Supreme Court grants an appeal it settles on a specific legal question to resolve. In the immunity matter, the court didn’t embrace Trump’s framing – nor the question Smith posed when he sought review on the same issue in December. “The question implicitly rejects Trump’s position of absolute immunity because of that language ‘whether…and to what extent,’” Eisen said. By taking the appeal, the Supreme Court has effectively pushed back the start of a trial in the federal election subversion case by weeks, at least.

Persons: Donald Trump, Jack Smith’s, ”, Norm Eisen, Obama, Trump, Smith, ” Eisen, “, there’s, Andrew McCabe, –, Ty Cobb, Trump’s, Mark Meadows, William Pryor, George W, Bush, ” Pryor, Meadows’s, Sri Srinivasan, Barack Obama Organizations: CNN, Trump, Court, Senate, Trump White, DC Locations: –, Georgia

☆ Civil lawsuits seeking to hold Trump accountable for January 6 can move forward
▼ + stars: | 2024-02-16 | by ( Devan Cole | ) edition.cnn.com time to read: +4 min

CNN —Civil lawsuits seeking to hold Donald Trump accountable for the January 6, 2021, US Capitol attack can move forward after the former president declined to ask the Supreme Court to decide whether he is shielded by presidential immunity. The decision means the lawsuits will move to a fact-finding phase at the trial-level federal court in Washington, DC. The case could still eventually come before the Supreme Court. Lower courts sided with the plaintiffs as Trump sought to have the cases dismissed based on his claims of presidential immunity. The Supreme Court is still considering whether to step into Trump’s federal criminal case related to January 6.

Persons: Donald Trump, Trump, Jack Smith, “, ”, Sri Srinivasan, Smith, CNN’s Katelyn Polantz, John Fritze, Holmes Lybrand Organizations: CNN, Trump, Democratic, US Capitol Police, DC, Appeals, Capitol, DC Circuit Locations: Washington ,

☆ Trump is showing how a second term would rewrite the rules of presidential power
▼ + stars: | 2023-12-04 | by ( Stephen Collinson | ) edition.cnn.com time to read: +11 min

CNN —Donald Trump is underscoring the profound choice that voters could face next year with expansive claims of unchecked presidential power alongside increasingly unapologetic anti-democratic rhetoric. This has huge consequences not simply for the courtroom accounting that is yet to take place over his first turbulent term. If the twice-impeached former president wins the Republican nomination and the presidency, it is already clear that a second term would risk destroying the principle that presidents do not hold monarchial power. “Joe Biden is not the defender of American democracy,” Trump said during a campaign stop in Cedar Rapids, Iowa, on Saturday. And if he succeeds in 2024, his legal arguments will have been a warning of a second term that he envisions with almost no guardrails.

Persons: Donald Trump, – he’s, Joe Biden, ”, He’s, Tanya Chutkan, Trump, Chutkan, Biden, “ Joe Biden, ” Trump, … it’s, –, Trump’s, Ron DeSantis, “, ” DeSantis, Liz Cheney, Mike Johnson, ” Cheney, Washington , South Carolina Republican Sen, Lindsey Graham, CNN’s Dana, Cheney, ” Graham, Liz Cheney's, Sri Srinivasan, Steven Sadow, ” Chutkan Organizations: CNN, Republican, US, GOP, Florida Gov, Trump –, Trump, Republican Party, CBS, Washington , South Carolina Republican, Union ”, ”, Capitol Locations: Cedar Rapids , Iowa, Iowa, Florida, Wyoming, Congress, United States, Washington , South, “ State, Washington , DC, ”, Fulton County , Georgia

☆ 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

☆ 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

Kannon Shanmugam of Paul, Weiss, Rifkind, Wharton & Garrison represented PayPal, while CFPB senior counsel Christopher Deal represented the regulator. The CFPB created its Prepaid Rule to offer consumers legal protections on prepaid accounts similar to those on products such as checking accounts, including the ability to challenge payment errors, unauthorized transactions and fraud. Chief Judge Sri Srinivasan and Circuit Judge Cornelia Pillard joined Rao's decision. The appeals court returned the case to Leon to consider PayPal's other challenges to the Prepaid Rule, including constitutional and administrative law claims. Circuit Court of Appeals, No.

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