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duforsure

(11,885 posts)
Fri Jun 5, 2020, 10:49 AM Jun 2020

Legal question, can trump and Barr face civil lawsuits, and be criminally charged

For violently attacking peaceful protesters when they are ousted from office? Could they face time in jail for violation of Constitutional given rights?

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Legal question, can trump and Barr face civil lawsuits, and be criminally charged (Original Post) duforsure Jun 2020 OP
A president is absolutely immune from civil damages The Velveteen Ocelot Jun 2020 #1
Unless there is a law, there is no crime in unconstitutional behavior Coleman Jun 2020 #2

The Velveteen Ocelot

(115,732 posts)
1. A president is absolutely immune from civil damages
Fri Jun 5, 2020, 11:01 AM
Jun 2020

for acts committed while in office (Nixon v. Fitzgerald) but not for acts committed before taking office (Clinton v. Jones). Nobody else has either absolute civil or criminal immunity (see., e.g., Spiro Agnew and John Mitchell).

Civil lawsuits would technically be against the government although officials can be the named defendants. I would expect lawsuits against cities and police departments based on civil rights violations arising from the demonstrations to start appearing any time now. Whether Barr could be successfully sued depends on whether any of the usual defenses apply, e.g., immunity for discretionary acts (which ordering the attacks by the police arguably would be).

Coleman

(853 posts)
2. Unless there is a law, there is no crime in unconstitutional behavior
Fri Jun 5, 2020, 12:39 PM
Jun 2020

Liability for damages, sure. Jail time, no.

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