But the department also urged a federal appeals court to sidestep “sensitive questions” about presidential immunity.
The Justice Department urged a federal appeals court Thursday to reject former President Donald Trump’s sweeping claim of immunity from a slew of civil suits stemming from his actions and statements on Jan. 6, 2021.
“The United States respectfully submits that the Court should reject that categorical argument,” DOJ lawyers wrote in a 32-page brief submitted by acting Civil Division chief Brian Boynton.
It was a rare nod by the department to the limits of presidential immunity from lawsuits.
Longstanding court precedents protect presidents from civil litigation related to actions they take in their “official” capacity. But determining when presidents toggle between their official duties and their political ones — which are often blended and unclear — is complicated, and courts have typically avoided drawing bright lines.
DOJ on Thursday similarly urged a three-judge appeals court panel to avoid drawing such distinctions, even as it asked the court to dismiss Trump’s sweeping interpretation of his own immunity.
“Those are sensitive questions of fundamental importance to the Executive Branch, and this unusual case would be a poor vehicle for resolving them,” Justice Department attorney Sean R. Janda wrote.
Notably, in a footnote, the department seemed to allude to an ongoing criminal special counsel investigation of Trump, emphasizing that the agency’s opinion about Trump’s potential civil liability had no bearing on pending criminal matters related to the Jan. 6 attack on the Capitol.
……..
- Discussion
-
The DOJ is urging a federal appeals court to reject Trump’s sweeping claim of immunity from Jan. 6 lawsuits. https://t.co/nbPjuzxEKk
— POLITICO (@politico) March 2, 2023
You must be logged in to reply to this topic.