On September 30, Kaplan Hecker & Fink attorneys filed an amicus brief in the DC Circuit on behalf of former DOJ and White House officials in three consolidated January 6-related appeals: Blassingame v. Trump, No. 22-5069; Swalwell v. Trump, No. 22-7030; and Thompson v. Trump, No. 22-7031. Amici include former government officials who have served in both Republican and Democratic administrations, including Donald B. Ayer, John B. Bellinger III, Matthew Collette, Charles Fried, Stuart M. Gerson, Mary B. McCord, David O'Neil, Alan Charles Raul, Matthew D. Roberts, Robert B. Shanks, Kate Shaw, and Olivia Troye.
The plaintiffs in these consolidated cases are Capitol Police officers and Members of Congress who allege that former President Trump and others conspired to prevent Congress from certifying the 2020 election on January 6, 2021, and to prevent President Biden and Vice President Harris from accepting or holding office. Judge Mehta denied President Trump’s motion to dismiss based on presidential absolute immunity, and President Trump appealed. Our brief argues that denying absolute immunity to former President Trump in the unique circumstances of this case is consistent with governing precedent and does not infringe upon the important prerogatives or duties of the President. As we explain in our brief, the President of the United States cannot hide behind the cloak of absolute immunity when he interferes with elections, menaces election officials, incites violence against the government, and disrupts the peaceful transfer of power.
The Kaplan Hecker team included partners Joshua Matz and Ray Tolentino, counsel Carmen Iguina González, and associate Alysha Naik.
Read the full brief here.