Source:Medias Touch- left to right: Donald Trump's New York County lawyer Alina Habba & Defendant Don. |
"MeidasTouch host Ben Meiselas reports on Donald Trump’s lawyer Alina Habba getting destroyed by the Second Circuit Court of Appeals panel of judges when she wasn’t aware of the basic cases on absolute presidential immunity involving Trump."
From Meidas Touch
So what what Ben Meiselas is talking about here (and I will get to the point faster) is that Donald Trump's New York County lawyer, Alina Habba, is arguing to the appeals court, that her client Donald Trump has absolute immunity, period. And she referenced Nxon V Fitzgerald, a case that that US Air Force officer Arthur Ernest Fitzgerald made against President Richard Nixon in the early 1970s.
"Arthur Ernest Fitzgerald filed a lawsuit against government officials that he had lost his position as a contractor for the US Air Force because of testimony made before Congress in 1968.[2] Among the people listed in the lawsuit was ex-President Richard Nixon, who argued that a president cannot be sued for actions taken while he is in office.[3]
The trial court and the appellate court rejected Nixon's claim of immunity. The case was then appealed to the Supreme Court.
In a 5–4 decision, the Court ruled that the President is entitled to absolute immunity from legal liability for civil damages based on his official acts. The Court, however, emphasized that the President is not immune from criminal charges stemming from his official or unofficial acts while he is in office.[5]
The Court noted that a grant of absolute immunity to the President would not leave him with unfettered power. It stated that there were formal and informal checks on presidential action that did not apply with equal force to other executive officials.[6]
The Court observed that the President was subjected to constant scrutiny by the press and noted that vigilant oversight by Congress would also serve to deter presidential abuses of office and to make the threat of impeachment credible. It determined that other incentives to avoid presidential misconduct existed, including the desire to earn re-election, the need to maintain prestige as an element of presidential influence, and the traditional concern for his historical stature.[7]
The decision was clarified by Clinton v. Jones, in which the Court held that a President is subject to civil suits for actions committed before he assumes the presidency."
From Wikipedia
So to put this in American English: President's (current & former) can't be held personally libel for official acts that they commit while President of the United States. Running for President and campaigning for President, challenging or illegally challenging, like with election interference, aren't official acts as President. So Alina Habba (winner of Amateur Night at the American Bar Association for he 2nd day in a row) was referencing a case to help her client, that she apparently didn't even bother to read.
Like I said last month on The New Democrat, my opinion about Alina Habba as a lawyer still stands:
"When you are the President of the United States, regardless of the POTUS, you have access to be the best of legal profession in this country. Any lawyer just about would be honored to either work in your White House, or work as your personal attorney to address any personal legal issues that you might have when you are President. At least access to the best lawyers in your own party.
But when you leave The White House, especially in disgrace, when you've just lost reelection and only managed 46% of the popular vote and 232 out of 574 electoral votes, in a two-way race, you've been impeached twice in just 4 years, you have all the legal issues that are now in front of you because of your illegal conduct as President of the United States, you are very unpopular, at least outside of your own party, you have mounting financial debt in front of you because of all the money that you lost when you were President, you have access to whatever is left.
Alina Habba is not really a trial lawyer. She can barely afford to do whatever she does as a lawyer right now. She's more of a public relations lawyer, if anything at all, who makes her living trying her client's cases on TV and on social media. But she's officially Donald Trump's civil lawyer right now because she's about the best of what's left to try to defend him, because of his own financial situation and all the evidence that's against him right now, in multiple cases.
Perhaps one of the reasons right now that Alina Habba owes millions of dollars, is because her own client is not paying her. But she's trying to work for him anyway, perhaps banking on the fact that defending a former President of the United States, would lead to clients who can and would pay her very well for her legal advice and actions in the future. But that career strategy is obviously not working out for her right now."
As well as what I wrote yesterday on The New Democrat:
"So to put all of this in English: (or perhaps broken American English) Donald Trump lost his civil immunity case in the E. Jeanne Carrol case, because his own damn lawyer Alina Habba, didn't file her motion in time to win that appeal and give her client civil immunity here.
My post about DJT's lawyer Alina Habba from back in November still stands here. She's not up to the task, doesn't have the experience, the knowledge, the professionalism, to defend a client at the level of Donald Trump, when you are talking about a former President of the United States and now serial criminal defendant.
DJT needs much better legal representation. But Alina Habba might be the best of what's left to even consider representing a man who not only commits felonies on a regular basis, but who leaves incriminating evidence against him all over the place, either thinking he'll never get caught, or convicted, or he's simply above the law and has some constitutional right that no other American citizen has. "
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