DC Circuit Cases To Watch In 2024

Robert Litt spoke to Law360 about former United States President Donald Trump’s immunity appeal of charges that he conspired to overturn the results of the 2020 presidential election. He noted that considerations in civil litigation differ from those in criminal proceedings, including on matters of immunity.

Robert said factors favoring immunity are concerns of chief executives shying from decision-making for fear of liability, or that litigants would turn to the courts to resolve political differences.

“On the other hand, the governmental interests in a criminal case are much stronger than those in a private civil litigation,” he said. “And if there is in fact a violation of criminal law, the public interest in having that redressed is much stronger.”

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