Friday, April 21, 2017

Speaking of Hate Crime

Since taking office, the Trump administration has presented a series of difficult ethical and constitutional questions, from nepotism to emoluments to product endorsements. The most significant legal issue may be determined in a small courtroom in Louisville, where President Trump is being sued over his alleged role in an assault on protesters. Trump is arguing that his office gives him immunity from such tort actions during his presidency. He is wrong, but (regardless of the outcome) the case could create new law for future presidents.

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There have only been four sitting presidents who have faced civil lawsuits against them as individuals in history. Trump has already shattered that record by dragging a long chain of lawsuits (as many as 75) behind him to the Oval Office.

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The case was brought by three protesters who allege they were assaulted at a March 2016 campaign rally in Louisville. [...] They are seeking damages from not just the two Trump supporters who allegedly manhandled them but also Trump himself as instigating the assault.

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Trump is wrong on the constitutional claim. His lawyers are arguing that, despite the fact the alleged injury occurred before he was president and has nothing to do with the exercise of executive power, no citizen may sue the president in state court while he holds his office. It would be a sweeping and dangerous precedent if it were accepted. Fortunately, it is likely to fail.

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In a unanimous decision, the Supreme Court ruled in 1997 [Paula Jones suing Bill Clinton for sexual harassment] that a sitting president has no immunity from civil litigation for alleged conduct before taking office.

  Jonathan Tiurley
...but hey, do what you want...you will anyway.

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