>WikiLeaks posted this just now
Trump lawyers saying Wikileaks is immune as they are protected by the Communications Decency Act -
Conspiracy with WikiLeaks. Plaintiffs next assert a conspiracy with WikiLeaks.
To overcome WikiLeaks’ Communications Decency Act immunity, they cite Dennis v.
Sparks, 449 U.S. 24 (1980), which holds that federal judicial immunity does not protect
a judge’s co-conspirator form a § 1983 claim. But Dennis involved a federal immunity
from a federal law (§ 1983), while this case involves a federal immunity from
state law (D.C. tort and conspiracy law). In Dennis, the Court had to reconcile the
competing federal rules, but in this case, the Supremacy Clause means that the federal
rule simply prevails. PLIVA v. Mensing, 564 U.S. 604, 621–23 (2011) (plurality).
The federal immunity trumps D.C. conspiracy liability, foreclosing Plaintiffs’ claims.