There are certain officials that, for all practical purposes, have “absolute immunity” to lawsuits. Judges, for example, cannot be sued for any act done in the performance of their duties as a judge. Of course, if the judge drinks 13 Coors Lights and wrecks into a car, that judge can be sued and criminally charged just like anyone else.

The key is “while doing their duties of office.”

The rule would seem to apply to presidents, too. But Trump’s attorneys have taken the position that the president is always the president and even when arguing about a semen stain (for god’s sake), he is still acting as president because a president shouldn’t have to fight those allegations, it impacts the country.

The judge seemed dubious. A lot of money and evidence weighs upon the question because IF the judge rules that the president does not have absolute immunity, it will allow parties to seek information from Trump and depose him.

According to the Hill:

Last Monday, Donald J. Trump’s lawyers asked a federal court to dismiss three civil lawsuits against the former president brought by California Democrat Rep. Eric Swalwell, a group of other House Democrats and Capitol police officers

Each suit seeks monetary damages for Trump’s role in fomenting the armed invasion of the Capitol on Jan. 6, 2021, including the barrage of falsehoods that Trump churned out about a “stolen election.” The complaints also point to Trump’s call to “fight like hell” at the Save America rally that day….

During a five-hour oral argument, U.S. District Court Judge Amit Mehta asked whether there was “anything the president could say” that would render him or her accountable in a civil suit. Trump’s attorneys could not think of a single hypothetical exception.

Trump’s attorneys know the rule just as well as anyone else, including people that write for political websites. But, as is often the case, Trump’s attorneys will make arguments just to get the case on appeal and buy time, always buying time, always putting off a judgment, always putting off having to pay.

Always.

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[email protected] and on Twitter @JasonMiciak

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