Congress
Trump fights Jan. 6 civil lawsuits on 4th anniversary of riot
A lawyer for Donald Trump argued Monday that the Supreme Court ruling last summer granting him criminal immunity for some official acts also bolsters his case to escape liability in civil suits filed against him related to the Capitol riot on Jan. 6, 2021.
As proceedings to certify Trump’s 2024 victory were getting underway at the Capitol Monday, Trump’s attorneys and lawyers for Democratic lawmakers suing him squared off at a virtual hearing to address the status of one of eight lawsuits the president-elect faces alleging that his actions and statements fueled the violence that broke out four years ago.
Attorney Jonathan Shaw told U.S. District Judge Amit Mehta that the Supreme Court’s decision last July provides “further insight” into the legal standard applicable to Trump’s bid to throw out the lawsuits on the grounds that they complain about official acts he took as president.
That high court ruling stalled the federal criminal case charging him with conspiring to derail the electoral vote count in 2021. And after his win last November essentially doomed that prosecution, Trump’s opponents have focused on the continuing civil suits as the only obvious mechanisms to seek legal accountability for his alleged role in fomenting the storming of the Capitol and the associated clashes with police.
Mehta suggested an evidentiary hearing might be necessary to determine whether Trump’s entitled to civil immunity, but Shaw said the protection for the once and future president is so broad that such a proceeding would likely not be required.
“We win unless it is absolutely clear that these are not official acts,” Shaw said during the 40-minute hearing, held as in-person court proceedings were postponed due to snow. “Unless all of the subsidiary facts are subject to dispute … we don’t need that trial.”
However, a lawyer for ten Democratic House members suing Trump said the high court’s decision and a 2023 ruling from the D.C. Circuit Court of Appeals make clear that, to shut down the lawsuits, Trump has to establish that he was acting in his official capacity as president. That includes when he was speaking to a large crowd at the Ellipse on Jan. 6, 2021, and in other actions he took encouraging opposition to the certification of Joe Biden’s win.
“None of these decisions have changed the fact that the burden is on President Trump to demonstrate his way to immunity,” lawyer Joseph Sellers said.
Mehta, an appointee of President Barack Obama, seemed to agree. “It’s your burden. … I’m not sure it’s my ultimate job,” the judge told Trump’s attorney.
Trump faces a Friday deadline to detail his factual claim to immunity in the eight lawsuits. Attorneys for the plaintiffs are due to respond next month, with Mehta indicating he will seek to rule on the issue during the spring. Any ruling is all but certain to result in another appeal to the D.C. Circuit and likely to the Supreme Court.
Congress
Khanna expresses disappointment about Massie’s defeat
Rep. Ro Khanna (D-Calif.) expressed disappointment Sunday morning that Rep. Thomas Massie (R-Ky.) lost his primary last week.
Speaking on NBC’s “Meet the Press,” Khanna said of his reaction: “Sadness, disappointment. Thomas is a real friend. He’s a good man.”
Khanna and Massie are very much on opposite ends of the classic left-right ideological spectrum, but they came together to introduce the Epstein Files Transparency Act, requiring the release of files in the case of convicted sex offender Jeffrey Epstein. They also joined together to attempt, unsuccessfully, to block U.S. involvement in Iran.
Those efforts, as well as other votes, led President Donald Trump to repeatedly denounce Massie and campaign on behalf of Ed Gallrein, Massie’s challenger in their Kentucky congressional district. Gallrein won the primary last week with approximately 55 percent of the vote.
Speaking to host Kristen Welker, Khanna offered his analysis of Massie’s defeat.
“He was taken out for two reasons,” Khanna said. “One: He had the courage to go after some very powerful people in working with me to get the Epstein Transparency Act passed. As you mentioned, that’s historic bipartisan legislation that finally got justice for the survivors. And he had people spend millions of dollars and had the president of the United States after him.
“And second, he worked with me to stop this war in Iran. So for taking on the Epstein class and taking on war, he basically lost his state. And I admire his courage in taking those positions.”
With talk this weekend of a possible deal with Iran, Khanna said it is time for the war to come to an end.
“The answer to your question is yes. I do believe we need a negotiated deal,” he told Welker.
Congress
Absent congressmember Tom Kean Jr. starts working the phone
Rep. Tom Kean Jr., whose two-and-a-half month disappearance has stoked speculation about his health and political future, has begun more actively communicating over the phone.
On Thursday, Kean began calling Republican county chairs in his 7th Congressional District, one of the most competitive in the country in this year’s midterms. The two-term Republican also gave a “lengthy” interview to New Jersey Globe on Thursday afternoon, the first he has granted since he last voted on March 5.
Kean did not respond to a text message from Blue Light News and his voicemail was full Thursday night.
But Kean, 57, gave no details to the Globe on his undisclosed illness, which has kept him out of public view since early March. He said he’s expecting to make a full recovery, that it would not affect his cognitive health, that he plans to run for reelection and that he will publicly discuss his health at an unspecified later date.
“My doctors are confident that I’m on the road to a full recovery,” Kean told New Jersey Globe. “I understand the need for public transparency, and I appreciate the support of my constituents.”
Kean added that he plans to return to voting and campaigning in the next couple weeks. Rep. Richard Hudson (R-N.C.), chair of the House GOP’s campaign arm, told reporters Thursday he spoke to Kean and he will be back voting in June.
Kean’s lengthy absence has drawn national media attention, with reporters staking out his home in the wealthy 7th Congressional District, where he faces an extremely competitive reelection, with four Democrats competing in the June 2 primary to take him on in November. His campaign and office staff had repeatedly said that he expects to make a full recovery and would return to work “soon.”
But few people — even Kean’s two fellow New Jersey House Republicans — had recently reported speaking to him. House Speaker Mike Johnson told reporters that he spoke to Kean last month.
Kean called Republican chairs in his district on Thursday.
“He sounded good to me. Sounded just as normal as always,” said Carlos Santos, the Republican chair of Union County, where Kean lives.
Santos said that he did not ask Kean about his ailment, and that Kean did not disclose it. But he said Kean confirmed he’s running for reelection and that he has his support.
Tracy DiFrancesco, the GOP chair of Somerset County, also spoke with Kean.
“It was just a simple conversation. He sounded just like Tom always sounds. He sounded perfectly fine. He’s basically back. Hopefully we’re going to see him very soon,” she said. “I think he’s doing well and we’re excited to get back on his campaign.”
Congress
Tom Kean to return?
Rep. Richard Hudson, chair of the House GOP’s campaign arm, told reporters Thursday he spoke to Rep. Tom Kean Jr. and he will be back voting in June.
Kean, a New Jersey Republican, has been missing from Capitol Hill since March 5 without explanation. Hudson, of North Carolina, said in an interview just a few days ago he hadn’t spoken to Kean in a while and only heard from Kean’s team that he could run for reelection.
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