Oh, you mean the Federal Tort Claims Act? Wouldn't have done anything about Jones vs. Clinton, that arose when he was Governor of Arkansas.
His lawyers argued that he should be immune from suit during office, took it up to the United States Supreme Court, but lost. See brief syllabus below.
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Clinton v. Jones, 520 U.S. 681 (1997)
SUPREME COURT OF THE UNITED STATES
CLINTON
v.
JONES
CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE EIGHTH CIRCUIT
No. 95-1853.
Argued: January 13, 1997
Decided: May 27, 1997
Respondent sued under 42 U.S.C. §§ 1983 and 1985 and Arkansas law to recover damages from petitioner, the current President of the United States, alleging, inter alia, that while he was Governor of Arkansas, petitioner made “abhorrent” sexual advances to her, and that her rejection of those advances led to punishment by her supervisors in the state job she held at the time. Petitioner promptly advised the Federal District Court that he would file a motion to dismiss on Presidential immunity grounds, and requested that all other pleadings and motions be deferred until the immunity issue was resolved. After the court granted that request, petitioner filed a motion to dismiss without prejudice and to toll any applicable statutes of limitation during his Presidency. The District Judge denied dismissal on immunity grounds and ruled that discovery could go forward, but ordered any trial stayed until petitioner's Presidency ended. The Eighth Circuit affirmed the dismissal denial, but reversed the trial postponement as the “functional equivalent” of a grant of temporary immunity to which petitioner was not constitutionally entitled. The court explained that the President, like other officials, is subject to the same laws that apply to all citizens, that no case had been found in which an official was granted immunity from suit for his unofficial acts, and that the rationale for official immunity is inapposite where only personal, private conduct by a President is at issue. The court also rejected the argument that, unless immunity is available, the threat of judicial interference with the Executive Branch would violate separation of powers.
Held:
1. This Court need not address two important constitutional issues not encompassed within the questions presented by the certiorari petition: (1) whether a claim comparable to petitioner's assertion of immunity might succeed in a state tribunal, and (2) whether a court may compel the President's attendance at any specific time or place. Pp. 689-692.
2. Deferral of this litigation until petitioner's Presidency ends is not constitutionally required. Pp. 692-710.
Clinton v. Jones, 520 U.S. 681, 681 (1997) |
