Federal judge 'quickly disposes' of Trump's immunity claims while ruling in favor of Brian Sicknick's estate in Jan. 6 l

[Yo_Mama_Been_Loggin]

Fallen Capitol Police Officer Brian Sicknick’s estate sued Donald Trump for “inciting” the riot that included a pepper spray attack on him. (Photos via Capitol Police and Getty)

The Washington, D.C. judge overseeing the wrongful death lawsuit against former President Donald Trump filed by Brian Sicknick’s longtime partner over the Jan. 6 attack on the U.S. Capitol Complex swiftly and tidily rejected presidential immunity claims on Tuesday.

In a markedly terse analysis, U.S. District Court Judge Amit P. Mehta rejected the former president’s arguments out of hand.

“The court first addresses, and quickly disposes of, former President Trump’s assertion of immunity from suit,” the judge wrote in the 12-page memorandum opinion and order obtained by Law&Crime.

https://www.msn.com/en-us/news/crime/federal-judge-quickly-disposes-of-trump-s-immunity-claims-while-ruling-in-favor-of-brian-sicknick-s-estate-in-jan-6-lawsuit/ar-AA1mnoA2

[malaise]

1. Get thee to the greatest page

RFN!

[brush]

2. Wonder if this ruling will affect the DC Circuit court's ruling on his immunity...

claim for J6, or SCOTUS' if it gets to them? Or will SCOTUS decline to hear it and leave the Circuit court's ruling in place?

[2naSalit]

9. I suspect...

That all other court proceedings are possible evidence for other cases and probably most likely in federal cases.

[louis-t]

18. I am inclined to believe the cowardly repug SCOTUS

Will decline to hear as opposed to turn down his claim of immunity. I don't think they will grant immunity. It would give Joe Biden way too much power for their tastes. Unless they give him retroactive presidential immunity and then sunset it on Jan. 20, 2021.

[soldierant]

21. This is a civil case

and it would not surprise me to learn that the definition, and hence the determining factors, an=re different between immunity for criminal prosecution and immunity from civil suit.

Not that I believe he has any kind of immunity at all. I'm pretty sure he doesn't have infrom CoViD- if he does, he's keeping it very quiet.

[TSExile]

3. Good!!!

Brian Sicknick's blood is on that monster's hands - even if they weren't technically the hands that dealt the fatal blows. T**** is a MURDERER!!!

[William Seger]

6. Ashley Babbitt's mother should be suing Trump

Ashley Babbitt is dead because she believed Trump's lies, but her mother is a cultist, too.

[louis-t]

17. Ashley Babbitt's mother is more likely

to sue the Capitol police for protecting Congress people from her darling daughter.

[imavoter]

20. unfortunately, you are likely correct. She's not all there n/t

[bdamomma]

26. hmm....

depends on her mother if she wants to press charges.

[Bayard]

4. I like this phrase in response to trump's bogus claims,

"Swiftly and tidily rejected."

[krkaufman]

5. overhyped

Doesn’t seem nearly as “victorious” as characterized.

———
CONCLUSION AND ORDER For the foregoing reasons, the court grants in part and denies in part Defendants’ Motions to Dismiss, ECF Nos. 40, 49, 50. Plaintiff’s claims under the Wrongful Death Act (Count 1) and for negligence per se (Counts 4 and 5) are dismissed, but Plaintiff may proceed as to her Survival Act claim based on § 1985(1) (Counts 2 and 3). Dated: January 2, 2024 Amit P. Mehta United States District Court Judge Case 1:23-cv-00038-APM

[ShazzieB]

7. In terms of the immunity claims, i think it was a definite victory.

It sounds like there was more than one motion involved, and the court did not rule the same way on all of them ("the court grants in part and denies in part Defendants’ Motions to Dismiss" ), but the immunity issue is key. If the court had ruled that he does have immunity, the whole lawsuit would be out the window, and that did not happen. I think it's appropriate to call that a pretty big win!

[onenote]

8. A victory, but predictable since the court concluded it was bound by an earlier DC Circuit decision

Also, both this case and the case on which the court relied were civil cases, not criminal. While Smith cites the DC Circuit case in his brief opposing Trump's immunity claim, he doesn't make it the centerpiece of his arguments (although Smith does point out that at least with respect to Trump's actions on January 6, he was engaged in election-related activity that does not fall within the "outer perimeter" of a president's responsibilities.

[AllaN01Bear]

10. ding. been using a lot of that lately.

[bucolic_frolic]

11. With so many judges weighing in on immunity, how could SCOTUS go in the opposite direction?

[niyad]

13. Do you think that the extremes really give a flying f what any other court thinks???

They are, after all, supreme.

[turbinetree]

12. The MF should be charged as an accomplice in the death of Sicknick.....right along with

the others that were there at the time........end of story.........

[Duppers]

15. Absolutely!

[turbinetree]

19. It really is a no brainer......I think of people robbing a bank and someone shoots a guard

and the get away driver is sitting in the car.......guess what he gets charged for murder......even if he wasn't in the building......this is just amazing..............

[lindysalsagal]

14. HE.DOESN'T.OWN.ALL.THE.JUDGES.

There finaly ARE precedents for former potuses attempting to circumvent oversight and criminal acts.

[republianmushroom]

16. I like it.

[NCjack]

22. Judge Mehta did not need 10 months (a time longer than a normal pregnancy)

and 500 pages of verbiage to tell Trump that he loses.

[cstanleytech]

23. No President has a blank check from their actions because if they did we would not have impeachment as a

method of removing them from office so any defense based around complete immunity are invalid IMO.

[DJ Porkchop]

24. Swifly / tidily / tersely / quickly

Is how we need to rid the infestation of Trump. Go Judge Mehta!

[usonian]

25. I like the short version of this post: Federal judge 'quickly disposes' of Trump

[MichMan]

27. Any idea how much they are suing for?

Thinking it should be $200 million at least. Maybe a lot more.