Trump faces possible litigation in wake of Jan. 6 Capitol riots

Liberal Opinion

Rashad Richey

National TV Political Analyst, Talk Radio Host, Univ. Prof.
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A federal judge has given the green light for three lawsuits brought by four Capitol Police officers to proceed against former President Donald Trump, rejecting his claim that he has “absolute immunity.” While this ruling exposes Trump to civil litigation — not criminal charges — it adds to the growing list of his legal troubles. Straight Arrow News contributor Rashad Richey argues that if he is held liable in the lawsuits, it’s likely Trump will have to pay where it hurts him the most: His wallet.

Okay, a federal judge has said Donald Trump, former president of the United States — he does not have immunity for animating violence against the United States Capitol, United States Police, members of the United States Congress. Let me be very clear. Donald Trump would be a defendant for the rest of his life, a defendant of some sort, criminal, civil, etc.

So let me take you to what happened recently. A federal judge has now ruled to toss the immunity claim made by Donald Trump and his attorney. So basically, the attorneys were saying on behalf of former President Donald Trump, that what he said during that infamous speech, where he in fact told his supporters to go to the Capitol, and he will be there with them knowing they were armed and knowing they were dangerous — that action was not covered under absolute presidential immunity.

Now this is a big deal because, typically, it has been understood that what a president does, while in official capacity as president, gives them immunity from civil litigation. Donald Trump is much more concerned about his money being taken away than a criminal indictment. Let me tell you why.

While this judge has now set the course that will allow Capitol Police officers to remain steady in their lawsuit against the former president, the issue of his criminal indictment still looms. Now I know this may break the heart of some. Yes, Donald Trump could be indicted criminally at some point, yes, he may even go to trial or reach a plea agreement.

Donald Trump — due to the fact that he’s a former president of the United States — will likely never actually hear the sound of bars closing behind him, and the reason is because of the institution of the presidency. Even if he is convicted by a jury, a judge would likely suspend the sentence of Donald Trump and he would not actually serve in any jail term. But it could be a great way to stop him from seeking positions of public trust, which yes, includes being president again, but also includes being on a board of directors, etc. 

That’s why Donald Trump is raising money and spending absolutely nothing on other Republicans, not even Republicans that he endorses. He’s keeping this money for himself. It’s a war chest, so to speak, in order to defend themselves, defend himself, against all of these accusations that will continue to come for the remainder of his life.

Okay, a federal judge has said Donald Trump, former president of the United States, he does not have immunity for animating violence against the United States Capitol, United States police, members of the United States Congress. Let me be very clear. Donald Trump would be a defendant for the rest of his life, a defendant of some sort, criminal civil excetera.

So let me take you to what happened recently, a federal judge has now ruled to toss the immunity claim made by Donald Trump and his attorney. So basically, the attorneys were saying on behalf of former President Donald Trump, that what he said during that infamous speech, where he in fact told his supporters to go to the Capitol, and he will be there with them knowing they were armed and knowing thssey were dangerous. That action was not covered under absolute presidential immunity. Now, this is a big deal. Because typically, it has been understood that what a president does, while in official capacity as President gives them immunity from civil litigation. Donald Trump is much more concerned about his money being taken away than a criminal indictment. Let me tell you why. While this judge has now set the course that will allow Capitol police officers to remain steady in their lawsuit against the former president. The issue of his criminal indictment still looms. Now I know this may break the heart of some, yes, Donald Trump could be indicted criminally at some point, yes, he may even go to trial or reach a plea agreement. Donald Trump due to the fact that he’s a former president of the United States will likely never actually hear the sound of bars closing behind him. And the reason is because of the institution of the presidency, even if he is convicted by a jury, a judge would likely suspend the sentence of Donald Trump, and he would not actually serve in a jail term. But it could be a great way to stop him from seeking positions of public trust, which yes includes being president again, but also includes being on a board of directors etc. So let’s go back to this judge’s ruling about civil lawsuits against the former president. So there are three civil lawsuits right now which Capitol police officers allege that the former president bears responsibility for their injuries. While on January 6 2021. In seeking the dismissal, Trump’s lawyers said he was absolutely immune to any prosecution civilly. Well, the judge, the federal judge said, No, the actions of Donald Trump were not within the context of his official duties of President of the United States. The judge has ruled that basically what Trump did was so extreme that it definitely was outside of the official scope of his presidential powers. The US district judge refused to dismiss the lawsuits on those grounds, noting that he had previously rejected are nearly identical assertion of absolute immunity, that Trump raised in response to other other civil lawsuits that include House Democrats and other capital police officers. So let’s talk about what this means going forward. This case or these cases, will take years to adjudicate. And let’s say Donald Trump is found liable, which by the way, I believe he will be. So he’s found liable responsible in a civil court of animating violence against Capitol police officers and maybe others. Well, he will then appeal it. The appeals process will take years as well. And it will take a lot of money to defend these cases and to appeal these cases. That’s why Donald Trump is raising money and spending absolutely nothing on other Republicans, not even Republicans that he endorses. He’s keeping this money for himself. It’s a war chest, so to speak, in order to defend themselves, defend himself against all of these accusations that will continue to come for the remainder of his life. Now, let me pivot briefly to the reality of January 6. What happened on January 6 was in fact a terrorist attack by definition, it was an insurrection against the United States government, individuals who were out Animated by President Trump decided to attack and attempt to overthrow democracy as we know it. Now you have all of these text messages being erased from Secret Service, you now have a report of text messages being erased from members of the Pentagon. Why is this? So the January 6 committee they are continuing to investigate. At this point, they must put members of Secret Service and members of the Pentagon under oath, they must send a subpoena. I have a theory here. So while many are saying, well, these text messages were erased in protection of the President, I no longer believed that I no longer believe Secret Service engaged in a massive, massive text message, deleting or deletion protocol in order to protect the former president. I don’t think the Pentagon did it either to protect a former president, perhaps maybe individuals who were members of a secret service individuals who are members of the Pentagon, maybe they will complicit in the activity surrounding January 6. Maybe they gave a wink and a nod. Maybe they talked about, in some detail, what the government would look like under this new form of democracy if Donald Trump actually pull it off the coup. He attempted to I’m submitting that maybe Secret Service and the Pentagon. Maybe they’re not protecting Trump or a former president. Maybe they’re protecting themselves. Those are my thoughts.


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