During a five-hour hearing on Monday relating to lawsuits seeking to hold Donald Trump accountable for the Jan. 6 riot at the Capitol, a federal judge questioned whether or not Trump was immune to lawsuits arising from the Jan. 6 riots. It’s an incredibly dangerous line of attack by the Democratic opposition. If the Democrats are able to overturn the 1982 Supreme Court decision Nixon v. Fitzgerald, which gave the president “absolute immunity” from damages for any misconduct arising within the “outer perimeter” of their official duties, it would damage the presidency beyond repair.
In essence, the Democrats want to hold Trump legally accountable for something he said during a political speech to his supporters on the Ellipse on Jan. 6, 2021, urging them to protest the certification of the election — among other things. This is the very definition of the “outer perimeter” of his official duties, and therefore Trump should be granted immunity.
But the federal judge hearing motions in the case is questioning that immunity.
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