Rumble and Trump Media ask US courts to judge Moraes in absentia

Alexandre de Moraes (right); Rumble (on the left) and Trump Media had already asked for sanctions against the minister before, but the injunction was denied
Antonio Augusto/STF and reproduction
Lawyers for the Trump Media group and the Rumble platform said they had asked the United States Court for Minister of the Federal Supreme Court (STF) Alexandre de Moraes to be tried in absentia in the USA.
➡ The two groups are taking action against Federal Supreme Court (STF) minister Alexandre de Moraes alleging that Moraes' restriction and blocking orders violate US constitutional guarantees (read more below).
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In the request, which lawyers said they had filed with a Florida court that is judging the case, the North American groups allege "unsuccessful attempts to effect the summons" of Moraes "due to the defendant's evasion."
"Moraes was duly notified by a method authorized by a federal judge. The 21-day deadline to respond has expired. He did not appear, did not respond or ask for more time. The Government of Brazil tried to intervene at the eleventh hour, but clarified that it does not represent Moraes", declared lawyer Martin de Luca, who represents Rumble and Trump Media.
Also this week, the Attorney General's Office (AGU) asked the Florida Court to close the case. The petition was filed on Monday (15) in a federal court in Florida, as informed this Tuesday (16) by the body.
"The measure aims to promote the defense of the interests of the Brazilian State and maintains, above all, that judicial decisions handed down by the Supreme Court of Brazil cannot be questioned before the courts of foreign States", says the note published by the AGU.
The Attorney General's Office (AGU) is the body responsible for legally representing and defending the federal government and the Union. It functions as the "advocacy" of the Brazilian State.
According to Brazilian law, ministers of the Federal Supreme Court (STF) cannot be sued or held personally responsible for decisions taken in the exercise of their functions. However, the companies have sought to reverse the magistrate's determinations in the United States Court.
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Process in the USA
The two companies appealed to the North American Court to try to block the application of restriction and blocking orders issued by Moraes in Brazil, under the argument that they constitute censorship and violate US constitutional guarantees.
As the action was filed only against Moraes, the AGU requested the formal entry of the Brazilian State into the process.
In the petition, the government maintains that Brazil is the party effectively interested in the case, not just the minister, since the dispute involves decisions taken by the STF in the exercise of its constitutional powers.
The AGU also asks that the North American justice system not consider that Moraes did not speak out or present a defense on the case, considering the request for the body to represent him as a member of the Brazilian State.
Moraes during the reading of his vote in the coup plot on September 9
Gustavo Moreno/STF
What the AGU says
Among the arguments presented is that the analysis of Brazilian judicial decisions by courts from another country would violate the principle of immunity from jurisdiction, provided for in International Law and recognized by North American legislation.
According to this principle, acts carried out by authorities of a sovereign State cannot be judged by foreign courts without its consent.
The document also states that Brazil "has not and will not consent" to the review of decisions of its Supreme Court by judges from other countries. For the AGU, any challenges to the STF's decisions must be made exclusively within the Brazilian judicial system.
Request for action
Rumble and Trump Media ask the US Court to judge Moraes in absentia Rumble and Trump Media ask the US Court to judge Moraes in absentia The President of the Supreme Court, Edson Fachin, had requested earlier this month that the AGU take action on the process in the United States. According to the president of the STF, what is at stake in the process is the independence of the Judiciary and the sovereignty of the country.
The measure was taken after the United States Court authorized Moraes to be notified by email about the opening of the action against him in the United States, allowing the process to move forward (see the video below).
Moraes is notified by email about action by Rumble and Trump Media, says lawyer

Source: G1