What Happens When You Sue the President?
After declaring a national state of emergency on Friday, in a desperate attempt to fund the U.S.-Mexico border, President Trump did what any president has done since the national crisis: He played golf all weekend at his club in West Palm, Florida (where the membership dues start at $ 250,000. pop). And if this week’s news is any indication, he will have many reasons to play golf in the coming days.
Sixteen states (for now), including California, New York and New Jersey, have sued the president for abusing a national emergency declaration that would divert several billion dollars towards building the wall. But is it possible to sue the president while he is in power? Better yet, can an individual like you or me sue the president? Turns out it’s a loud yes (although it won’t always be that easy).
Is it possible to sue the president while he is in power?
Yes, sort of. But first, there is a ton of legal jargon involved (as well as uncharted territory), so let’s provide some context:
First, the president cannot be prosecuted for acts committed in his “personal capacity” while he is in power (this is called absolute immunity). If you plan to sue the president while he is in office, you would technically sue the United States, according to the deputy . However, you can sue the President for any acts that occurred before the president took office.
Recently, with Trump’s rise to power, the situation has become even darker. Many state courts have argued that while Trump is immune from federal lawsuits , he is not immune from state lawsuits (which explains the case in question).
In addition, in order to sue the president, you will need to prove your legal capacity. In other words, you must show evidence that you have been harmed or harmed as a result of the President’s actions. Unfortunately, this is where things usually fall apart .
Does this mean that I can sue the president?
Yes! But there will be a long, winding road ahead. A private citizen can sue the president for actions committed before he took office.
According to Vice News , to sue the president in person in federal court, you cannot reside in the same state as any other plaintiff and your damages must exceed $ 75,000. Anything less and you will be sued at the state level. Again, the problem is that many cases are terminated, and you will need to prove your legal capacity.
Have lawsuits ever been filed with the president?
Yes, indeed, many. Presidents and lawsuits seem to go hand in hand (which is only slightly intimidating).
First, these are two landmark trials that laid the foundation for the President’s immunity.
In 1982, a former Air Force official tried to sue former President Richard Nixon for illegal dismissal (alleged retaliation for testifying about the costs and difficulties of working on a particular project). The Supreme Court ruled in Nixon’s favor, permanently cementing presidential immunity.
Later, in 1997, this immunity was tested in the Paula Jones sexual harassment case against President Bill Clinton. Clinton argued that the case would be a “burdensome distraction” from his presidential duties. However, the Supreme Court ruled against him, which led to his impeachment and ruled that the president was not granted ” immunity ” for actions taken prior to his presidency.
What about Trump ? Well, in the first few months of his presidency, he alone was sued 134 times – and that number continues to grow. Here is a short list of people and organizations that have sued (or are suing) the president:
- American Civil Liberties Union
- Center for Biological Diversity
- National Association for the Advancement of Colored People
- Patagonia
- Stephanie Clifford (also called “Stormy Daniels”)
- Summer Zervos
- State of California (at least 39 times)
- States of Maryland and Washington DC
- Baltimore city
- City of chicago
- Cincinnati city
- Columbus city
- San Francisco city
Well, what will happen next?
If you haven’t guessed yet, it is difficult (though not impossible) to sue the president. Most cases are terminated or postponed indefinitely.
It is also just a big game of the unknown. Given that the circumstances constituting the state of emergency in the country are unclear, this can only benefit Trump, who uses the statement as a final attempt to build a wall. However, states may well set a new precedent – if they succeed in court.
And if you want to personally sue the president, well, you have to have a lot of time and money on hand and a damn cool case.