Trump Gets VERY BAD NEWS in DC Civil Lawsuit
Summary
TLDRIn this legal analysis, Michael Popac discusses the ongoing legal challenges involving former President Donald Trump. The focus is on the civil lawsuit brought by the Metro and Capitol Police against Trump and others for alleged civil rights violations and injuries sustained on January 6th. Judge MAA has denied Trump's request to delay the civil case, asserting that the issue of official acts and immunity can be addressed without infringing on Trump's Fifth Amendment rights. The case is closely tied to a U.S. Supreme Court decision on whether Trump has immunity for official acts while in office, with an oral argument scheduled for April 25th. The summary also highlights upcoming significant dates in Trump's legal battles, including hearings on financial fraud allegations and potential criminal contempt charges.
Takeaways
- 📝 Donald Trump's tweets and actions during his presidency are being scrutinized for potential civil rights violations related to the events of January 6th.
- 🚨 The Metro and Capitol Police have brought civil suits against Trump and others, including Enrique Tarrio of the Proud Boys, for injuries and deaths sustained during the January 6th incident.
- 🤔 Judge MAA in the DC Circuit Court has denied Trump's request to delay the civil lawsuits, focusing on the distinction between official and unofficial acts.
- 🏛 The United States Supreme Court is set to decide on the issue of immunity for official acts by a former president, which could impact the civil cases against Trump.
- 🔍 Discovery in the case, including the exchange of information and depositions, is allowed by Judge MAA to determine the nature of Trump's actions and potential immunity.
- 📅 Judge MAA has set deadlines for Trump to provide details on his immunity defense and for the submission of a proposed protective order.
- 🚫 Trump's request for an indefinite stay on the civil case was denied, with the judge arguing that the delay proposed by Trump was immoderate and oppressive.
- 🎓 The judge emphasized that the Discovery process would not implicate Trump's Fifth Amendment right against self-incrimination.
- 📆 Significant dates in April 2024, including oral arguments at the Supreme Court and hearings in various cases involving Trump, highlight a busy period in the legal landscape surrounding the former president.
- 🌎 The outcome of these legal proceedings could set precedents for future cases involving immunity and official acts of the president, with broader implications for the balance of power and accountability in the U.S. legal system.
Q & A
What is the primary issue in the civil lawsuit brought by the metro and Capitol Police against Donald Trump?
-The primary issue is whether Donald Trump's tweets and actions on January 6th, which allegedly led to injuries and deaths, were official acts during his presidency. This would determine if he has immunity from the civil suit.
What is the significance of the United States Supreme Court's April 25th oral argument in relation to this case?
-The Supreme Court's argument is focused on the question of whether a former president has immunity for official acts while in office. This directly impacts the civil cases against Donald Trump, as it will clarify the scope of immunity for his actions.
Why did Judge MAA deny Donald Trump's request to delay the civil lawsuits?
-Judge MAA applied the appropriate factors and determined that the request for an indefinite stay was not justified. The judge found that the relationship between the civil and criminal cases did not overlap significantly, and that the burden and hardship would fall on the plaintiffs if the case were delayed.
What is the position of Donald Trump regarding his tweets made from his personal account?
-Donald Trump has taken the position that his tweets, even from a personal account, were official acts. This is significant as it could potentially provide him with immunity for those acts.
What is the role of the DC Circuit Court of Appeals in this case?
-The DC Circuit Court of Appeals had to determine whether immunity applied to Donald Trump's actions and what information or record was needed from the trial court level to make that determination. It provided instructions for Judge MAA to continue with the case.
What is the deadline set by Judge MAA for Donald Trump to provide a detailed description of the basis for his immunity defense?
-By May 1, 2024, Donald Trump is required to provide plaintiffs with a detailed description of the basis for his immunity defense, identifying witnesses and documents.
What is the significance of the April 26, 2024 deadline in the context of this case?
-On April 26, 2024, the parties are to submit a proposed protective order ensuring that any discovery responses from defendant Trump are kept under seal, and they must submit a joint status report about a proposed schedule for completing discovery related to the immunity inquiry.
Why did Judge MAA deny the request for an indefinite stay, citing it as a 'new trick' of Donald Trump?
-Judge MAA denied the request because it essentially represented an indefinite extension of time without a valid reason. The judge pointed out that Trump could manage multiple legal matters simultaneously and that the requested delay was immoderate and oppressive.
What is the connection between the civil case brought by the metro and Capitol Police and the criminal case involving Donald Trump?
-The connection lies in the issue of official acts and immunity. Both cases involve determining whether Donald Trump's actions were official acts during his presidency, which would grant him immunity from civil and criminal suits.
What is the relevance of the United States Supreme Court's decision on immunity to the civil case before Judge MAA?
-The Supreme Court's decision on immunity will help clarify whether there is such a thing as official act immunity and if Donald Trump's actions fall under this category. This will directly impact the civil case as it may determine the outcome and the scope of discovery allowed.
What is the significance of the promotional content for Lomi in the script?
-The promotional content for Lomi, which transforms food scraps into nutrient-rich food for gardens, is a sponsored message within the script. It is not directly related to the legal discussion but serves as a commercial break or advertisement.
Outlines
📜 Civil Lawsuits and Presidential Immunity
The first paragraph discusses the legal challenges surrounding Donald Trump's tweets and actions during his presidency, particularly in relation to the January 6th Capitol riots. It covers the ongoing civil lawsuits brought by the Metro and Capitol Police, seeking damages for injuries and deaths, and the question of whether Trump has immunity from such suits. The paragraph also touches on the role of the Supreme Court in determining the scope of presidential immunity and how Judge MAA has denied Trump's request to delay the civil cases, allowing for the discovery process to begin and addressing the issue of official acts.
🚫 Denying Indefinite Stay in Civil Cases
The second paragraph delves into the legal strategy of seeking an indefinite stay in civil cases, a tactic employed by Donald Trump. It discusses Judge MAA's decision not to grant such a stay, emphasizing the need to resolve the matter without infringing on Trump's Fifth Amendment rights. The judge's order is highlighted, which outlines the process for determining what constitutes an official act and its implications for immunity. The paragraph also mentions an advertising segment for Lomi, a kitchen appliance that transforms food scraps into plant food, and its promotion through a discount code for listeners.
🤔 Evaluating the Factors for a Stay
The third paragraph outlines the four factors Judge MAA considered when evaluating the request for a stay in the civil case: the relationship between the civil and criminal cases, the burden on the court, the hardships on the parties, and the duration of the requested stay. The judge concluded that the civil case's focus on official acts would not unduly burden the court or Trump's rights, and that the plaintiffs have already waited a considerable amount of time for justice. It also sets new dates for the submission of discovery and status reports, indicating a move forward in the case.
🗓 Upcoming Legal Milestones for Trump
The fourth and final paragraph provides a timeline of significant upcoming legal events in Donald Trump's cases. It mentions a hearing regarding the legitimacy of Trump's alleged $175 million Post-it bond, a hearing in the New York election interference criminal case, the Supreme Court's oral argument on presidential immunity, and the deadlines set by Judge MAA for discovery and reporting in the civil case brought by the Metro and Capitol Police. The paragraph concludes with an invitation to follow the legal AF podcast for further insights and analysis on these matters.
Mindmap
Keywords
💡Donald Trump
💡Civil Suit
💡Immunity
💡January 6th
💡Supreme Court
💡Official Acts
💡Discovery
💡Fifth Amendment
💡Stay
💡Proud Boys
💡KKK Act
Highlights
Donald Trump's tweets during his presidency are being considered as official acts, which could grant him immunity from civil suits related to the January 6th Capitol riots.
The Metro and Capitol Police have brought a civil suit against Donald Trump for injuries and deaths suffered during the January 6th incident.
Judge MAA in the DC Circuit Court denied Donald Trump's attempts to delay civil lawsuits, allowing the case to proceed.
The case involves a request for monetary relief and damages under the KKK Act for alleged civil rights violations by Trump and others, including Enrique Tarrio of the Proud Boys.
The United States Supreme Court is set to decide on the question of immunity for official acts by a former president, which could impact the civil cases against Trump.
Judge MAA applied appropriate factors and decided to allow discovery in the case to determine if Trump's actions were official acts and if he is immune from those acts.
Trump's argument that his tweets, even from a personal account, were official acts is a key point in determining immunity.
The DC Circuit Court of Appeals has instructed Judge MAA to continue with the case and develop a record on the issue of official acts.
Judge MAA's order allows for discovery without implicating Trump's Fifth Amendment right against self-incrimination.
The judge set new dates for Trump to provide a detailed description of his immunity defense and identify witnesses and documents.
Trump is facing multiple legal challenges, including a hearing on the legitimacy of a $175 million Post-it bond and a potential criminal contempt charge in New York.
The United States Supreme Court's April 25th oral argument will focus solely on the issue of official act immunity for former presidents.
Judge MAA emphasized that the relationship between the civil and criminal actions does not overlap significantly, allowing the civil case to move forward.
The judge rejected Trump's request for an indefinite stay, citing it as an unreasonable delay and hardship to the plaintiffs.
The case will proceed with discovery and depositions focused on determining the nature of Trump's actions as official or non-official acts.
Judge MAA's decision is consistent with the DC Court of Appeals' direction and takes into account the Supreme Court's upcoming ruling on immunity.
The final page of Judge MAA's order outlines new deadlines for the parties to submit a proposed protective order and a joint status report regarding the schedule for completing discovery.
Transcripts
Michael popac with a legal AF hotake are
Donald Trump's tweets when he was
president official acts does he have
immunity from civil suit brought by the
metro and Capitol Police for the
injuries and deaths that they suffered
during Jan 6th will the United States
Supreme Court in its decision about
immunity impact the civil cases that's
something that judge MAA in the DC uh
circuit court has resolved at least for
today in denying Donald Trump's attempts
to delay further the civil lawsuits the
one seeking monetary relief and damages
under the KKK act for civil rights
violations committed as alleged by
Donald Trump and others including
Enrique tario the proud boys we got a we
got a beautiful coupling there of
Enrique tario and the former president
of the United States both asking judge
MAA to stay the civil case don't let it
go forward any further for an indefinite
stay until we figure out what's going on
down in the DC election interference
case which hasn't even been set for
trial in other words uh don't ever call
us judge we're not going to we don't
want to participate in this civil case
at all judge has applying the factors
that are appropriate which I'll go over
in this hot take has denied that request
let me first back up and tell you what
this case is about or refresh your
memory about it and then I'll dive into
the connection between this case and and
the United States Supreme Court and its
April 25th oral argument and ultimate
decision about whether Donald Trump has
immunity for official acts while he was
in
office this is a case brought by the
metro and Capitol Police it's two
different cases have that have sort of
been joined together in front of Judge
MAA both are seeking civil damages
monetary damages from Donald Trump and
others like the proud boys and the
oathkeepers and that type of thing that
case had been sort of held up in a
Twilight area while the U Circuit Court
um of appeals in the DC Circuit Court
was determining whether immunity applied
to Donald Trump's actions and what
information or record they needed
created in from the trial court level in
order to make that determination it
eventually well I say about six or eight
months ago got returned to judge MAA
with instructions that he was to
continue with the case develop the
record about and and again you're going
to you're going to get a deja vu all
over again moment here about whether
Donald Trump's actions that day on Jan 6
that caused the injury bodily and
sometimes Grievous bodily injury to the
police officers and others was the
result of official acts while he was
then president of the United States this
is exactly the only and sole issue on
appeal with the United States Supreme
Court because the United States Supreme
Court is considering with oral AR
argument on the 25th of April right here
on the mightest touch Network whether
the the following question whether a
former president somebody now can uh has
immunity for official acts while he was
President that's all the United States
Supreme Court cares about all the other
arguments Donald Trump raised uh about
uh oh I needed to be impeached and
convicted by the Senate first before I
could be uh a criminal case could be
brought against me I have absolute
immunity about everything it's all out
the window the only thing they want to
know is is there such a thing as
official act immunity and was anything
that he did an official act or was it
outside of it this is an issue this
official act issue that all of the
courts have been struggling with even
judge MAA as instructed by his bosses at
the intermediary appell court has had to
struggle with were there official acts
by Donald Trump and is there immunity
for those official acts it sort of
dovetails fits together with the United
States Supreme Court argument and what
judge maida said in his in his order
which I'm going to read to you in a
minute is that I I'm going I'm going to
allow as directed by my bosses at the DC
court of appeals I'm going to allow
Discovery in this case which is the
exchange of of information depositions
request to produce documents I'm going
to allow that on the issue to get to the
bottom of official acts of Donald Trump
and whether there is immunity and on the
official acts particularly Donald Trump
is worried about his tweets no surprise
he's worried that his he's taken the
position that his tweets even though
from a personal account were official
acts it's the same position as the judge
noted in his order that he's taking in
the criminal case he's saying everything
he did was an official act no matter how
he did it what platform he used private
or public everything campaigning or not
campaigning everything he did as long as
he was drawn a paycheck from occupying
the Oval Office was official act all
right so the judge said I can resolve
all of that without implicating your
Donald Trump's Fifth Amendment right
against self-incrimination you're not
going to have to give a deposition about
the merits of the case we're only trying
to get to the bottom of what was an
official act maybe you have immunity for
that maybe you don't what wasn't an
official act because everybody agrees if
it's not an official act there's no way
there's immunity for it even the United
States Supreme Court ultimately will
will concur with the DC court of appeals
in their decision led by judge pan that
found exactly that what they're
struggling with where the rubber meets
the Constitutional road is
over what what is or what is not an
official act so judge MAA said we can
sort all of that out about your tweets
and the impact on the on the attacks on
Jan 6 on these plaintiffs um and their
surviving relatives we can sort all that
out it doesn't implicate your criminal
case
and you've asked for an indefinite stay
this is a new trick of Donald Trump's in
every Court he wants an indefinite stay
pointing to another of his criminal
cases so in moral Lago he tells judge
Canon I can't get around to
participating in the classified
information procedures act uh process
the sea
process at the heart of the maral Lago
Espionage and obstruction of justice um
case until I don't know eight or nine
months or sometime after I'm done in New
York with the stormmy Daniels election
interference case I mean of course uh
Jack Smith said that's ridiculous and
that is basically an indefinite
extension of time for no reason he's got
different Council he can do things
simultaneously he can walk chew gum and
review classified documents at the same
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this episode here he's making a similar
argument he's saying wait until some
indefinite period after a trial that
hasn't even yet been set by judge chuin
which is currently stayed by the Supreme
Court whenever we get around to that
case your honor we'll come back to you
on the civil case and judge made us said
no way that is such an basically an
indefinite extension and under the
factor analysis of whether I'm going to
Grant or stay or not or stay or not I'm
not going to grant that but it's just
another example of you know these
overlapping vend diagram issues coming
back over and over again at different
courts so here we have the Twitter
account and whether that was official or
not official we've got immunity in this
case the case of the capital and Metro
Police against Donald Trump and others
we've got Donald Trump requesting
another stay trying to play one case off
the other you know we've got all the
elements all the makings right here let
me read to you why judge MAA uh denied
it and particularly he said on the
immunity issue I am not going to get to
resolve the immunity issue about whether
Donald Trump had immunity for any of
these things until after the United
States Supreme Court which is his boss
makes their ultimate ruling about
immunity so I will have the benefit of
that because Donald Trump was saying
well you'll be tied up because you'll be
making decisions you know we're still
waiting for guidance from the Supreme
Court he says yeah I'm not making my
decision before the United States
Supreme Court my bosses make their
decision so let's let me read to you
from the uh Salient portions it's a
relatively short order it's um judge Ma
has been presiding over lots of cases he
presided over the um oathkeepers case
both of them that led to the convictions
of the leaders of the oathkeepers so
he's got a vast experience about Jan 6
in his memorandum and
Order he says there's four factors in
evaluating a stay the relationship
between the civil case which is this
case and the criminal case which is the
DC election interference case with Jack
Smith the burden on the court the
hardships or inequalities the parties
would face if a stay was granted right
it's harder on the plaintiffs because
they've been waiting a long time for
justice and the duration of the
requested stay you can see where these
factors cut right as to the first one
the judge said the relationship between
the civil and criminal actions does not
overlap as much as Donald Trump says
because he's only going to be giving
Discovery and deposition testimony about
official versus non-official acts and
that doesn't implicate the Fifth
Amendment privilege and it's consistent
with what he's doing in the in the
prosecution the burden on the court the
judge says I'm not burdened by any of
this this is what I get paid to do uh I
I resolve constitutional issues every
day and I'm willing to take it on three
the hardship on the parties obviously
that tips well in favor of the
plaintiffs it's a tremendous hardship
for them to have their Justice delayed
and for the duration of the requested
stay it's it's unlimited it's not like
he's asking for 990 days he's asking for
I'll get back to you whenever I get
tried in the other case maybe and the
other case hasn't as I said even been
set for trial so the judge said um that
his Fifth Amendment privileges are not
being implicated because the only thing
this limited Discovery in the case is
over based on the directions of the
appell court is on immunity and official
versus unofficial acts basically one
major element at the United States
Supreme Court level for the the April
25th argument uh I talked to you about
burden on the court let's talk about
duration of the stay because this keeps
coming up over and over again with
Donald
Trump here that he says on uh judge ma
says on page seven defendant contends
that an indefinite stay is warranted
because he is the quote the first former
president and major party nominee in
history to be criminally charged for
conduct that occurred while in
presidential office well that's true the
special council's case he says
constitutes an extraordinary public
moment and that he relies on language
from a case involving Bill Clinton
versus Paula Jones in which the court
said the Supreme Court said especially
in cases of extraordinary public moment
a plaintiff may be required to submit to
delay not immoderate in extent and not
oppressive in its consequences if the
public welfare or convenience will there
thereby be promoted and that's what the
judge took issue with he said right if
you can suggest a delay that's not
immoderate um in EXT
and not oppressive in its consequences
and he says you but you've proposed a
delay that is is immoderate in its
extent in other words it's it's unduly
long and it's
oppressive in its consequences to the
public welfare and doing
Justice um and so he of course he uses
their own case against them in that uh
he talks about the criminal immunity
case Donald Trump up at the United
States Supreme Court and on page eight
uh judge ma says defendant believes that
a resolution of that issue before the
United States Supreme Court May inform
the scope of Discovery or may dispose of
this case altogether uh but judge ma
says there is no reason to wait on the
Supreme Court's decision this court is
unlikely to make an immunity
determination by the end of the Supreme
Court's term which ends in June thus if
the Court's ruling on criminal immunity
is relevant to the outcome here it can
easily be applied and then finally um
he's ordering them to move this case
forward as a starting point of Discovery
here's the new dates set by judge ma as
of as of this week by May 1 2024 while
he'll still be on trial up in New York
defendant Trump shall provide plaintiffs
with a detailed description of the basis
for his immunity defense identifying
Witnesses and documents this is all on
the final page uh page nine uh uh
identifying uh uh Witnesses and
documents presently known to his Council
and what limited Discovery he will
require uh by April 26 2024 that's a
busy week I'll talk to you about that in
a minute the party shall submit a
proposed protective order that at a
minimum ensures that any Discovery
responses from defendant Trump shall
mean under seal further order of the
court and submit a joint status report
about a proposed schedule for completing
Discovery uh relating to the immunity
inquiry standard stuff but let me just
talk about that April 26 date for a
minute minute because it's going to be a
very busy time on the mest touch Network
on un legal AF and more importantly for
Donald Trump uh April the 20 if you're
playing at home take these dates down
April the
22nd is going to be the hearing in front
of Judge engoron about whether Donald
Trump's alleged $175 million Post-it
bond is legitimate or not and is
sufficient or not to stop the
enforcement of the $465 million civil
fraud judgment against him and his
companies that's on the 22nd on April
the
23rd uh judge Maran in the New York
election interference criminal case is
holding a hearing that Donald Trump
needs to attend on whether he should be
held in criminal contempt and
potentially jailed in the New York uh