Court: “Even the president is not exempt from immunity if he acts outside of his duties.”
It seems like there will be a series of related civil lawsuits… Another ‘bad news’ during the presidential election
A U.S. federal appeals court ruled that former President Donald Trump was not entitled to immunity for inciting his supporters to storm the Capitol following his defeat in the presidential election. It is expected that a series of related lawsuits will follow, as the civil lawsuit holding former President Trump responsible is legal.
According to CNN on the 1st (local time), the U.S. Federal Appeals Court in Washington, D.C., dismissed a lawsuit filed by former President Trump to confirm his immunity in relation to the storming of the Capitol on January 6, 2021.
A court consisting of three judges made this ruling, and Judge Sri Srinivasan, who presided over the decision, said, “Even the president does not use every moment for public responsibility,” and “He is exempt from liability when he acts outside of his duties.” “I cannot continue to enjoy the privilege,” he said.
In addition, it was determined that “if you act in an unofficial and private capacity, you may be subject to civil lawsuits from ordinary citizens.”
Previously, Capitol police officers and Democratic lawmakers filed a total of three civil lawsuits, claiming that former President Trump incited and conspired to storm the Capitol, causing physical and mental harm.
Former President Trump’s team sought a court ruling, saying that he was not subject to civil lawsuits because he was entitled to immunity as he was in office at the time. However, the federal court dismissed former President Trump’s actions at the time, saying they were efforts to extend his presidency and were not official presidential duties.
The appeals court also ruled that immunity should be applied by distinguishing between ‘Natural Person Trump’ and ‘President Trump’ depending on the act.
On the other hand, former President Trump’s side is expected to file an objection as they claim that all actions taken during his term as president are subject to immunity.
Stephen Chung, a spokesman for former President Trump’s campaign, criticized the court’s judgment as narrow-minded, saying, “It is self-evident that then-President Trump’s actions on January 6 were for the benefit of the American people and that he was performing his duty as President of the United States.”
There is still an opportunity to object, but it is expected to act as bad news for former President Trump as he enters the presidential election phase.
CNN predicted that three suspended civil lawsuits will be resumed and additional similar lawsuits will be filed. In addition, although this judgment was limited to civil litigation, there is analysis that it may also affect judgment in related criminal litigation.
[워싱턴=뉴시스]
Source: Donga
Mark Jones is a world traveler and journalist for News Rebeat. With a curious mind and a love of adventure, Mark brings a unique perspective to the latest global events and provides in-depth and thought-provoking coverage of the world at large.