Jan. 6: Civil Litigation

Latest in Jan. 6: Civil Litigation


The Lawfare Podcast: Alan Rozenshtein Says the Slope Isn’t That Slippery

The DC Circuit Court of Appeals on Wednesday heard oral arguments in the case of Blassingame v. Trump, an appeal from a civil lawsuit against the former president over Jan. 6. The question before the appeals court is: Does a president have immunity from lawsuit even when he's accused of stirring up a mob against a coordinate branch of government engaged in a function constitutionally entrusted to it? The judges seemed skeptical of the former president's argument, which was a bit of a surprise given the composition of the panel.

Lawfare No Bull

Lawfare No Bull: D.C. Circuit Hears Arguments in Blassingame v. Trump

Today on Lawfare No Bull: On Dec. 7, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Blassigame v. Trump, regarding whether former President Donald Trump should receive absolute civil immunity for allegations related to his Jan. 6, 2021 “Save America” rally and his conduct surrounding the subsequent attack on the Capitol. Trump appealed the D.C. district court’s February ruling on this issue, which did not grant him immunity.

The January 6 Project

Ninth Circuit Grants Jan. 6 Committee Access to Kelli Ward’s Phone Records

A panel of the Ninth Circuit Court of Appeals voted 2-to-1 to deny former Arizona Republican State Senator Kelli Ward’s request for an injunction to block the release of her phone records to the House select committee investigating the Jan. 6 attack on the U.S. Capitol.

The January 6 Project

The Dry Run: The Ouster of a County Official as an ‘Insurrectionist’ Creates Ominous Precedents for Trump

Though other courts have referred to the Capitol riot in passing as an “insurrection,” Judge Francis Mathew is the first to apply that term to the riot in a formal, rigorous way in a case against a New Mexico county official, Couy Griffin.

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