The Trump Card...

Ragman

Veteran Expediter
Retired Expediter
This One's Big

Almost every week, there are court rulings of various types regarding Donald Trump. Many are of minor consequence or about procedures. One that was announced today by the DC US Court of Appeals is "enormously consequential," as one legal expert put it (Honig).

It's about the presidential immunity claims Trump has raised. The issue is settled now, and not in Trump's favor. Because it is a appeals court ruling, it can be referenced by the lower courts. It is especially noteworthy that the finding will be persuasive in Trump's civil AND criminal cases. A major question has been answered that frees plaintiffs, prosecutors, and all courts to move ahead.

The key finding is: The Trump activities of Jan 6 that are in question lie outside the scope of his official duties as president. Accordingly, he does not enjoy presidential immunity regarding those actions.

Lock him up!
 
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Ragman

Veteran Expediter
Retired Expediter

Judge rejects Trump immunity claim in federal 2020 election case​


 

ATeam

Senior Member
Retired Expediter

Judge rejects Trump immunity claim in federal 2020 election case​

Trump's claims of presidential immunity are faring poorly, both in civil court and criminal court.

Yesterday, a three-judge panel, including one Trump appointee, on the DC Circuit Court of Appeals (the second-highest court in the land) ruled unanimously that Trump is not immune from the three civil lawsuits that are being brought against him regarding Jan 6. Apparently recognizing the importance of the precedent their ruling sets, all three appeals court judges wrote opinions to explain their legal reasoning.

On the same day, regarding Trump's Jan 6 criminal charges, a federal judge (Chutkan) ruled that, "Former Presidents enjoy no special conditions on their federal criminal liability. Defendant [Trump] may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office."

Chutkan also said, "It is well established that the First Amendment does not protect speech that is used as an instrument of a crime, and consequently the Indictment—which charges Defendant with, among other things, making statements in furtherance of a crime—does not violate Defendant’s First Amendment rights."

And she said, "By definition, the President’s duty to 'take Care that the Laws be faithfully executed' does not grant special latitude to violate them."

With four judges all ruling against Trump on the immunity question, his chances of getting a reversal on appeal are slim.

While Trump may have thought presidential immunity could be a major component of his defense, that claim has evaporated into nothing.

Having argued that Trump can indeed be held accountable for his illegal Jan 6. actions, the plaintiffs in the three civil lawsuits, and Special Counsel Jack Smith in the federal criminal case(s), are in stronger positions then ever to press on.
 
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ATeam

Senior Member
Retired Expediter
Questions Answered in Court; Week of 11/26/23

Running Total

*Trump-Favorable Answers: 16
Trump-Adverse Answers: 159
Trump Win Rate: 10.06%

Answered This Week:

Yes, Trump can be prosecuted on Jan. 6 criminal charges. Presidential immunity does not apply. 12/1/23, Chutkan

No, Trump is not immune from three civil lawsuits filed against him regarding Jan 6. 12/1/23, US Court of Appeals, DC District

Yes, the Trump gag order in his NY fraud case is reinstated. 11/30/23, New York Appellate Division

No Trump may not call a court-appointed monitor as a witness. 11/27/23, Engoron

No, since he already has the transcripts, Trump may not issue a subpoena for the US House Jan 6 Committee video tapes. 11/27/23, Chutkan

Answered in Recent Weeks:

No, references to Jan 6 will not be struck from Trump’s DC criminal case. 11/17/23, Chutkan
Yes, Trump’s motion for a mistrial in his NY civil fraud trial is denied. 11/17/23, Engoron
*No, Trump will not be kept off the Colorado ballot on 14th Amendment grounds. 11/17/23, Wallace
*Yes, the Special Counsel’s request to set a deadline for Trump’s defense team to provide notice of the classified information it seeks to use at trial is denied. 11/16/23, Cannon
Yes, the deadline has passed and it is too late for Trump to add an additional expert witness in the upcoming Carroll case. 11/16/23, Kaplan
*Yes, Judge Engoron’s gag order on Trump will be temporarily stayed. 11/16/23, Friedman

Answered in Previous Weeks:
 
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ATeam

Senior Member
Retired Expediter
Questions Answered in Court; Week of 11/26/23
For Trump in court this week; zero wins, five losses.

Coming up on Dec 6: Oral arguments before the Colorado Supreme Court regarding Trump's ineligibility on 14th Amendment grounds.
 
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ATeam

Senior Member
Retired Expediter
Trump's Expected Appeal and Possible Delay

Last week, Judge Chutkan ruled that Trump does not have presidential immunity from prosecution in the federal Jan. 6 case. His expected appeal will go to the DC Circuit Court of Appeals. That court just made its own ruling regarding presidential immunity and three civil lawsuits; ruling against Trump. Importantly, that appeals court ruling sets precedent on the immunity question. The court's legal reasoning on the immunity question will be fresh in mind when Trump comes knocking. In other words, it is virtually certain Trump will lose when he appeals Chutkan's ruling.

While he will lose his appeal, Trump is expected to milk this opportunity for delay for all it's worth. He will wait until the last possible moment to file his appeal. After the appellate court takes the time it needs to rule, Trump will likely appeal to the US Supreme Court, where he will also lose, if SCOTUS takes up the case at all. But, depending on how long this process takes, Trump may gain a delay, and that may force Judge Chutkan to move Trump's the March 4 trial date further out.

Chutkan has been crystal clear and very firm about this March 4 trial date. Trump frequently tries to delay every legal action against him that he can. Will he gain his desired delay in this case? We will see.
 
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ATeam

Senior Member
Retired Expediter
Will There Be More?

Now that the DC Circuit Court of Appeals has ruled that Trump is not immune from civil lawsuits regarding his Jan. 6 actions, I'm wondering if others who can claim harm from Trump's actions might also sue. Might one or more enterprising law firms launch a class-action lawsuit on behalf of all who can claim harm?

One such person is Pam Hemphill. She was recently on CNN saying she is absolutely going to sue Donald Trump for the harm she suffered from his actions. There is probably a good number of people who have been charged with Jan. 6 crimes who are pissed that Trump did nothing to help them after they showed up for him. Some of those people may find it quite satisfying to sue Trump for monetary damages.
 
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Pilgrim

Veteran Expediter
Retired Expediter
Will There Be More?

Now that the DC Circuit Court of Appeals has ruled that Trump is not immune from civil lawsuits regarding his Jan. 6 actions, I'm wondering if others who can claim harm from Trump's actions might also sue. Might one or more enterprising law firms launch a class-action lawsuit on behalf of all who can claim harm?

One such person is Pam Hemphill. She was recently on CNN saying she is absolutely going to sue Donald Trump for the harm she suffered from his actions. There is probably a good number of people who have been charged with Jan. 6 crimes who are pissed that Trump did nothing to help them after they showed up for him. Some of those people may find it quite satisfying to sue Trump for monetary damages.
It would be easy to imagine "enterprising" slip-and-fall law firms all over the country, and especially in DC that would start running ads for J6 lawsuits against Trump. People that got arrested by the Biden DOJ for protesting/rioting, plead out and serve time in jail, then sue the Devil (aka Trump) for making them do it. We've passed through the looking glass into a world where logic, reason and justice is turned on its head. This old gullible old woman is crazy; her frivolous lawsuit will go nowhere, but liberal media like CNN and others will encourage her and others like her to flood Trump with nuisance suits anyway.

 
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ATeam

Senior Member
Retired Expediter
The King of Delay Begs Court for Urgent Action

"Trump is now seeking an "urgent review" by New York's highest court, called the Court of Appeals, his attorneys said in a filing. Trump has accused Engoron and the clerk, Allison Greenfield, of bias in his filings."

 
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skyraider

Veteran Expediter
US Navy
he first ten amendments to the U.S. Constitution are summarized below.Where is the word gag in here.........................

1Freedom of religion, speech, press, assembly, and petition.
2Right to keep and bear arms in order to maintain a well regulated militia.
3No quartering of soldiers.
4Freedom from unreasonable searches and seizures.
5Right to due process of law, freedom from self-incrimination, double jeopardy.
6Rights of accused persons, e.g., right to a speedy and public trial.
7Right of trial by jury in civil cases.
8Freedom from excessive bail, cruel and unusual punishments.
9Other rights of the people.
10Powers reserved to the states.
 
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skyraider

Veteran Expediter
US Navy
When the country finally sends Mr Trump off to prison, they wont have any more to talk about,,,,will maybe by then there will be over 50 million illegals wanting to sleep in your home....it could happennnnnnnnnnnnnnnnnnnnnnnnn, wait and see...
 
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ATeam

Senior Member
Retired Expediter
Wisconsin Fake Electors Admit They're Fake; Revoke Documents

That's the problem with fabricating a fiction, the truth eventually prevails.

This is bad news for fake electors in all states where fake electors rose to support Trump. They were fake. They perpetrated a lie in an attempt to subvert the Constitution and the peaceful transition of power after Trump lost the election.

Additional bad news for fake electors in all states is the WI fake electors agreement to cooperate with DOJ and provide the documentary evidence they have. As I said, the truth eventually prevails.

 
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ATeam

Senior Member
Retired Expediter
Nevada Fake Electors Indicted on Felony Charges

This is what happens when people put their eyes on Trump and off the Constitution.

"In addition to Nevada, fake electors allegedly convened in Georgia, Arizona, Michigan, Pennsylvania, New Mexico and Wisconsin, claiming without basis that they were “duly elected” electors from their states.

Michigan’s attorney general in July charged 16 people for falsely stating they were the state’s “duly elected and qualified electors.” The investigations into fake electors there, in New Mexico and in Arizona are ongoing."


One of the newly indicted defendants is the state chairman of the NV Republican Party.


RELATED: "Arizona Attorney General ... investigative team is scheduled to meet on Monday in Arizona with former Trump attorney Kenneth Chesebro." Washington Post

It looks like Cheseboro is on tour, saving his butt by ratting out his fake-elector partners in crime. There is more than a touch of irony in that. Cheseboro is said to be the architect of the fake elector scheme. Now he's running around the country helping prosecutors indict the very people he snookered into doing illegal acts to help Trump attempt an illegal coup.
 
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skyraider

Veteran Expediter
US Navy
Trump at about 58 percent in popularity, American is starving for leadership, just watch the clowns in Congress n the Senate..yep America is starving for leadership,,,can any of us name 3 popular men or women that can lead in the big chair in the White House....by the way

Its Pearl Harbor Day,,,you know, when we got caught sleeping unfortunately ,Dec 7, 1941
Our nation is asleep at the wheel imho as I type...I hope someone is watching our back ...

I
 
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muttly

Veteran Expediter
Truth Social Troubles

IMG_5238.jpeg

IMG_5237.jpegIMG_5235.jpeg
 
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muttly

Veteran Expediter
Defense expert: No evidence of fraud.IMG_5243.jpegIMG_5241.jpeg

 
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