#judicial-immunity

#judicial-immunity

In a 37-page ruling, US district judge Thomas Cullen of Virginia's western district who was nominated and confirmed to his position during Donald Trump's first presidency wrote that any fair reading of the legal authorities cited by defendants leads to the ineluctable conclusion that this court has no alternative but to dismiss. To hold otherwise, Cullen added, would run counter to overwhelming precedent, depart from longstanding constitutional tradition, and offend the rule of law.

The problems with the prosecution are legion, but most immediately, the government cannot prosecute Judge Dugan because she is entitled to judicial immunity for her official acts.

“Immunity is not a defense to the prosecution to be determined later by a jury or court; it is an absolute bar to the prosecution at the outset.”