Judiciary

• Pauline Newman to review the Judicial Council of the Federal Circuit’s unlawful order suspending her from hearing new cases for at least a year.
• The Judicial Conduct & Disability Committee upheld Judge Newman’s suspension, a decision with which NCLA thoroughly disagrees.
• NCLA will continue challenging Judge Newman’s suspension and seeking her rightful restoration to the bench.
• Judge Newman’s indefinite suspension is unprecedented in American judicial history, exceeding sanctions imposed on judges who committed serious misconduct and improprieties.

• Former President Donald Trump’s claims of immunity from criminal prosecution will be argued before the U.S. Court of Appeals for the District of Columbia Circuit on Jan. 9, 2024 – on an interlocutory appeal from his trial for election interference.
• His arguments have been rejected by a district court judge, and the Supreme Court has declined to weigh in – for now.
• Commentators have described his immunity arguments as “frivolous” and “absurd.” But such accounts underestimate the arguments’ weight and at times misconstrue them.

A related absolute immunity already exists

• His first line of defense claims that his actions are covered by a constitutional immunity protecting presidents when they act in their official capacity.
• They are saying he can’t be prosecuted for so-called “official acts.” A related immunity has been recognized in the past.
• In 1982, the Supreme Court recognized that presidents have absolute immunity from civil lawsuits for their official actions.
• Nevertheless, it is conceivable that courts would recognize presidential criminal immunity for official acts.

The complication from the impeachment clauses

• But he went on to claim that since he was acquitted – only 57 senators voted to convict him, short of the 67 needed – he was not liable for criminal prosecution.
• The New York Times called it an “even more audacious argument” than his claim of absolute immunity.
• Indeed, impeachment proceedings are very rare, and most eligible offenders never face an impeachment.
• Moreover, as the critics point out, criminal acts may be discovered after the person in question has already left office.

Does acquittal in an impeachment proceeding create or preserve criminal immunity?

• That claim, if upheld, would provide Trump with criminal immunity whether presidents enjoy absolute immunity or not.
• The claim would work only if Trump’s impeachment and his criminal prosecution were based on the same acts – an allegation that is disputed by the special counsel.
• Here, Trump acknowledges that an impeachment conviction removes that protection – but insists that an acquittal does not.

Ofer Raban does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

• ATRF’s report also provides analysis and perspective on national trends, like the U.S. Supreme Court’s Mallory decision this summer, which expanded certain state courts' jurisdiction over out-of-state companies.
• ATRF says this evolution creates legal uncertainty for property owners and may result in store closures, particularly in high-crime areas.
• Third-party litigation financing, spotlighted by Congress this year , also leads to predatory lawsuit lending in many of the nation’s Judicial Hellholes®.
• To dive deeper into the findings and access the full 2023-2024 Judicial Hellholes® report, visit JudicialHellholes.org .

• Pauline Newman’s complaint and to grant a preliminary injunction halting her ongoing suspension.
• In March 2023, the Judicial Council indefinitely suspended Judge Newman from hearing new cases before any formal investigation began.
• The District Court should reject Defendants’ claims of absolute and unfettered power to effectively remove judges from office—a power that belongs to Congress alone.”
  “Judge Newman has a clear right to review in the District Court.
• We look forward to continuing to work in this court to ensure a fair and constitutional process for Judge Newman and other Article III judges—and to see Judge Newman returned to hearing cases as soon as possible.”