Justice Department Refutes Trump Immunity Claim in Jan. 6 Civil Suits
The Department of Justice (DOJ) refused to support former President Donald Trump’s claim that he should be immune from civil suits seeking to hold him responsible for his conduct on Jan. 6, 2021, when a mob of his supporters illegally entered the U.S. Capitol building as lawmakers certified the election for Joe Biden.
The consolidated cases include legal challenges launched by 11 members of Congress who rushed for cover during the riot at the Capitol as well as Capitol Police officers. The cases allege Trump conspired to block lawmakers from carrying out their congressional duties. The suits also seek to hold Trump liable for physical and psychological injuries.
According to reports from The Hill, the DOJ’s position comes as the former president has appealed a lower court ruling deeming he is not immune from the suits given that a president’s efforts to “secure or perpetuate incumbency” are not part of the White House role that otherwise prevents the president from facing civil suits for actions taken through the office.
The government in its brief draws a clear line, arguing the broad protections for the president should not cover statements inciting violence.
“His briefs advance only a single, categorical argument: A President is always immune from any civil suits based on his ‘speech on matters of public concern’…even if that speech also constitutes incitement to imminent private violence. The United States respectfully submits that the Court should reject that categorical argument,” DOJ wrote in the filing.
“In the United States’ view, such incitement of imminent private violence would not be within the outer perimeter of the Office of the President of the United States,” they write.
The Justice Department’s brief doesn’t specifically back the claims from the lawmakers that Trump incited the riot, instead noting that they “plausibly allege” the former president’s speech that day motivated the attack.
The district court that previously heard the suit also rejected Trump’s First Amendment defense.
DOJ ultimately encourages the court to make a narrow ruling. The department briefly addressed its own investigation into Trump in a footnote dismissing any connection between outside civil suits and its own probe.
“The United States does not express any view regarding the potential criminal liability of any person for the events of January 6, 2021, or acts connected with those events,” they write.