Trump’s lawyers are claiming that lawsuits relating to the events of January 6, 2021, cannot move forward because Trump was still in office during the attack and therefore had “absolute immunity” regarding his speech to his loyalists.
have said that describing Trump’s actions on January 6 as being within his presidential duties is a flimsy argument at best, noting that Trump’s speech to his loyalists at the “Stop the Steal” rally in front of the White House appeared to be more political than presidential, and that it was reminiscent of his campaign rallies.
According to Dayna Zolle, an appellate counsel at the Constitutional Accountability Center and a former U.S. attorney, prior rulings from the judiciary render Trump’s arguments ineffective. “Supreme Court precedent, as well as the separation of powers and policy considerations, compel the conclusion that Trump cannot escape liability for his actions, including encouraging, for his personal gain, the violent disruption of a constitutionally mandated session of Congress,”
. “This conclusion is critical to preserving the essential principle that no one — not even a president — is above the law.” “There is plainly no constitutional or legislative authority for an incumbent president to encourage thedisruption of a congressional proceeding,” Zolle added, “especially one constitutionally mandated for the democratic transfer of power.”
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