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Judge Warns of Justice Department's Gift to Trump That Could Keep on Giving

Added 09-29-22 05:49:02am EST - “"I think it's a legitimate concern. What the judge is getting at is the very real possibility of unforeseen consequences," said Vermont Law School professor Jared Carter.” - Thedailybeast.com

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Posted By TheNewsCommenter: From Thedailybeast.com: “Judge Warns of DOJ’s Gift to Trump That Could Keep on Giving”. Below is an excerpt from the article.

“I think it’s a legitimate concern. What the judge is getting at is the very real possibility of unforeseen consequences,” said Vermont Law School professor Jared Carter.

A judge has warned that former President Donald Trump is building a legal shield that could block him from being held accountable for inciting the Jan. 6, 2021, insurrection, pointing to the bizarre move by the Department of Justice to side with Trump in a rape defamation case last year.

The DOJ’s legal stance—that anything a president does is part of his official duties, and therefore makes him a federal employee immune to lawsuits—was widely criticized at the time. But it came up again on Tuesday, when a federal appellate judge found it necessary to issue a stark warning that obviously referred to holding Trump accountable.

“Under this logic, so long as a president looks like he is engaged in conduct that is of the kind he is expected to perform—like speaking to a reporter or attending a government meeting—he is acting in the scope of his employment. But if that were so, then the mere presence of others would neutralize whatever a president did or said, for no president could be held accountable for damage done in front of a microphone or in an official meeting—whether defaming a citizen, exposing classified national security information, or inciting a riot,” wrote Judge Denny Chin in New York City.

The closing lines make clear swipes at the former president, who is under criminal investigation for mishandling top-secret government documents and separately faces civil lawsuits for telling his MAGA loyal followers—who he knew were armed with rifles—to march on the Capitol building.

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