WASHINGTON – On news today of the ruling by Judge Amit Mehta of the U.S. District Court for the District of Columbia that “President Trump is not absolutely immune” from all claims brought by Capitol Police Officers James Blassingame Jr. and Sidney Hemby, as well as Members of Congress, Constitutional Accountability Center Vice President Praveen Fernandes issued the following reaction:

Judge Mehta’s ruling today thoughtfully rejects former President Trump’s request to be placed above the same laws that apply to the rest of us. It allows important claims made by law enforcement officers and others harmed by the devastating events of January 6th to go forward. This is a key step toward ensuring accountability for the actions that led to the January 6th insurrection.

Echoing arguments we made in our brief on behalf of law professors, the court here wisely rejected the bloated and inaccurate concept of absolute presidential immunity advanced by Trump. Respect for separation of powers does not require shielding a former president sued in his personal capacity for damages liability for unofficial conduct. Indeed, granting the former President immunity in these circumstances would have been a perversion of separation of powers principles, and the court was right to reject that request.

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Resources:

CAC RELEASE: “Judge Should Be Skeptical of Trump Attorneys’ Argument for Total Immunity for January 6 Acts,” January 10, 2022: https://www.theusconstitution.org/news/release-judge-should-be-skeptical-of-trump-attorneys-argument-for-total-immunity-for-january-6-acts/

CAC case page for Blassingame v. Trump: https://www.theusconstitution.org/litigation/blassingame-v-trump/

CAC case page for Thompson v. Trump: https://www.theusconstitution.org/litigation/thompson-v-trump/

CAC case page for Swalwell v. Trump: https://www.theusconstitution.org/litigation/swalwell-v-trump/

Why Trump Cannot Hide Behind Presidential Immunity for Inciting an Insurrection, Lawfare, Dayna Zolle, August 2, 2021: https://www.lawfareblog.com/why-trump-cannot-hide-behind-presidential-immunity-inciting-insurrection

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Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

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