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Tags: trump | jan. 6 | attack | house | select | committee

Federal Judge Dismisses Trump Lawsuit Against Jan. 6 Panel

By    |   Wednesday, 04 January 2023 02:17 PM EST

A federal judge on Wednesday dismissed former President Donald Trump's lawsuit against the U.S. House Jan. 6 select committee concerning a subpoena issued in November.

The complaint was filed on Nov. 11 to "prevent the enforcement of a subpoena issued by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol."

On Dec. 28, the committee chair sent Trump’s counsel a letter withdrawing the subpoena, according to the dismissal.

Trump maintained this case is "moot and should be dismissed for lack of subject matter jurisdiction as 'there would appear to be no need for further relief from this Court and therefore no live controversy between the parties related to the previously issued subpoena.'"

The South District Court of Florida claims, "Federal courts only have subject matter jurisdiction over 'cases or controversies.'"

"Ultimately, the 'judicial powers' bestowed upon federal courts under Article III of the United States Constitution by the Founders was limited to resolve only 'Cases' or 'Controversies,'" according to the document.

The document also said federal courts may exercise power only "for the determination of real, earnest, and vital controversy between individuals" and "no principle is more fundamental to the judiciary’s proper role in our system of government than the constitutional limitation of federal-court jurisdiction to actual cases or controversies."

The presiding judge, Justice Rodolfo A. Ruiz II, wrote, "It is this case-or-controversy requirement, embodied in the doctrine of standing, [that] 'confines the federal courts to a properly judicial role.'"

He said the withdrawal of the subpoena eliminated any "real earnest, and vital controversy" between the parties, so the court is "without subject matter jurisdiction."

The order is dismissed without prejudice, and all pending motions are "denied as moot," with the clerk directed to close the case.

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A federal judge on Wednesday dismissed former President Donald Trump's lawsuit against the U.S. House Jan. 6 Select Committee concerning a subpoena issued in November.
trump, jan. 6, attack, house, select, committee
294
2023-17-04
Wednesday, 04 January 2023 02:17 PM
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