this post was submitted on 20 Nov 2023
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Despite keeping him on the presidential ballot, a Colorado judge's ruling could still prove "devastating" for former President Donald Trump, a former solicitor general has said.

Speaking with MSNBC host Jen Psaki on Sunday afternoon, former Acting Solicitor General Neal Katyal said that a Colorado court finding that Trump engaged in insurrection against the government after the 2020 presidential election was "the very worst decision Trump could get."

"There's a factual finding that the judge said, which is that Trump committed insurrection," Katyal said of District Judge Sarah B. Wallace's ruling. "On appeals, the factual findings get massive deference by the appeals court. It's almost impossible to overturn a trial judge's factual finding."

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[–] JustZ@lemmy.world 20 points 11 months ago (1 children)

The article is trying to articulate the doctrine of res judicata, which refers to the significance and deference given to the judge's findings of fact as to whether Trump factually incited the mob and intended to disrupt the certification. It found that he did.

As I understand, Trump is a party to the suit and the matter was fully litigated. Non-partys may now use this finding offensively such as in a civil rights case by the deceased capital police officers' families. The issue of whether Trump incited the riot cannot be relitigate. He did, and other courts must now so find. The issue is precluded.

[–] SkybreakerEngineer@lemmy.world 10 points 11 months ago (2 children)

So there might possibly be consequences if someone sues him in Colorado over 1/6, but only if he hasn't been crowned king yet?

[–] JustZ@lemmy.world 3 points 11 months ago

Fed court is fed court. Unless the issue was decided on a point of law on which two circuit courts of appeals are split, the preclusive effect should apply in any fed court.

[–] otter@lemmy.dbzer0.com -1 points 11 months ago

Yeah, sure, we can go with that...