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To: Libloather
Trump has a case that could prove devastating to Merritt Garland, Jack Smith, and other prosecutors and for Christopher Wray and the FBI agents involved. Even Biden could be a defendant.

Civil rights suits for constitutional torts committed by federal actors are known as Bivens actions after the 1971 Supreme Court case that first authorized them for a search and seizure that violated the Fourth Amendment. The special bite for a Bivens claim is that they are meant as a potent remedy for serious misconduct and are lodged against government officials and agents personally. A jury trial is permitted and can include compensatory and punitive damages.

Defenses to a Bivens claim include that there was no violation of the constitution or that the officials have absolute or qualified immunity. It would make for quite a turnaround for Garland, Smith, and others to try to claim official immunity as a defense. Venue for such a case would be in Trump friendly Palm Beach County, not Washington D.C.

4 posted on 07/23/2024 1:48:54 AM PDT by Rockingham
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To: Rockingham
"Trump has a case that could prove devastating to Merritt Garland, Jack Smith, and other prosecutors and for Christopher Wray and the FBI agents involved. "

Before it's over, such a lawsuit might include Letitia James, Fani Willis, and Alvin Bragg. And who knows, even a couple of judges might be ensnared.

7 posted on 07/23/2024 3:34:05 AM PDT by Enterprise
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To: Rockingham

Very nice post with some very nice facts, thank you for taking the time to inform us.


15 posted on 07/23/2024 5:52:02 AM PDT by New Perspective (As Leonard Cohen said once in an interview, “You won’t like what comes after America”)
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