Clinton v. Jones and President Trump
I’ve posted before about the litigation pending against President Trump from his run as the host of The Apprentice. The President’s attorneys have moved to have the case thrown out, and in part they are arguing that Clinton v. Jones should be read as applying only to civil lawsuits filed in federal court. The pending lawsuit is in state court, which (under the President’s theory) allows him to obtain immunity.
I don’t think that this argument is persuasive. Clinton v. Jones was a misguided decision, but it’s hard to see why a President should get civil immunity for private acts only in one kind of forum. To a certain extent all that does is deny a remedy to plaintiffs who live in the same state as the President (therefore making diversity of citizenship impossible) while allowing plaintiffs from other states with the same claim to have an action. How does that make sense?
Who knows, though, what the Supreme Court would do if ever called upon to reconsider Jones.