DC District Judge Chutkan: Denies Trump's Absolute Criminal Immunity Claim

Part of Judge Chukan's ruling against Trump claim

Steven Cheung: Campaign spokesman for Trump

(Insults Vets just like Trump has done)

 

Steven Cheung: Trump campaign BS spokesman

Major January 6 insurrection legal update begins the month of December with this NEWSWEEK headline (formatted to fit the blog):

“Trump Dealt Major Blow in Election Case”

Background and introduction on this update:

The federal judge overseeing Trump's election subversion case in Washington, D.C., has ruled that he does not have immunity from criminal charges regarding his activities as president, rejecting his bid to have the case dismissed.

The court’s statement is posted above and below:

“Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong 'get-out-of-jail-free' pass.”

(U.S. District Judge Tanya Chutkan wrote in her ruling)

Recall that Trump was indicted on four counts in August, accused of attempting to overturn the results of the 2020 election in the run-up to the January 6, 2021, siege on the U.S. Capitol.

He has pleaded not guilty to the charges that included: (1) conspiracy to defraud the U.S. government, and (2) conspiracy to obstruct an official proceeding.

It is one of four criminal cases that the Trump is facing, and he has also pleaded not guilty to all charges in the other three.

Now the rest of the story as the late great Paul Harvey used to say:

Trump's defense team had argued his actions leading up to the January 6 attack are protected by presidential immunity. DOJ Special Counsel Jack Smith’s office has accused Trump of a “conspiracy against the right to vote and to have one's vote counted,” among other charges.

Judge Chutkan further wrote in her decision: “Former presidents enjoy no special conditions on their federal criminal liability. Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”

In a response to a request for comment, Trump spokesperson Steven Cheung told Newsweek in a statement and as noted above: 

“Radical Democrats, under the direction of Crooked Joe Biden, continue to try and destroy bedrock constitutional principles and set dangerous precedents that would cripple future presidential administrations and our country as a whole, in their desperate effort to interfere in the 2024 Presidential Election. The corrupt leftists will fail and President Trump will keep fighting for America and Americans, including by challenging these wrongful decisions in higher courts.”

Judge Chutkan's decision came on the same day that a federal appeals court ruled that Trump can be sued in the incitement of the Capitol siege.

Trump at the moment faces three lawsuits filed by Capitol police officers and members of Congress over the January 6 riot. The lawsuits allege that Trump's claims of widespread election fraud, which have not been substantiated, as well as his speech at the “Stop the Steal” rally earlier on January 6, helped incite the mob of his supporters to violence. 

Trump's attorneys also argued his presidential immunity protects him from liability, saying his words: “Involved matters of public concern.”

But a three-judge panel found that: “Trump was operating in his personal capacity as a presidential candidate at the time of the ‘Stop the Steal’ rally.” (Reuters reported).

Also, legal analyst and former DOJ official Harry Litman weighed in on the decisions in a post on X (formerly Twitter), writing: “From the standpoint of legal news, today is an absolute tsunami, culminating in Judge Chutkan's opinion denying Trump's immunity motion. Enough legal developments to choke a horse, and all in all a disastrous legal day for Donald Trump.”

My 2 Cents: All of the above speaks for itself … and all more bad news for Trump.

But as we know he will not give up while continuing to try and delay any trial until after the 2024 election, hoping that he wins and with that power tosses all charges against him, including possibly a pardon for all the January rioters and of course a pardon for himself … that has been his goal from day-one – in his words NOT mine.

But, that must never happen and I honestly believe the USSC would rule against anything like that, too – but boy in these times, who really knows, right?

We shall see – hopefully justice will prevail and prove again that “No one is above the law.”

Thanks for stopping by.