Former United States President Donald Trump is not immune from multiple civil lawsuits, said the Department of Justice (DOJ) on Thursday following filings from police officers over the Capitol Hill riot.
In a court filing in the United States Court of Appeals, attorneys for the DOJ's civil division said that the Republican businessman does not have absolute immunity from the lawsuits. These filings seek to hold the former president accountable for damages from the Jan. 6, 2021, incident.
Trump's Liability Over Capitol Riot
The brief added that while speaking to the public on matters they should be concerned about is one of the traditional functions of the US president, it does not include incitement of imminent private violence. The district court said that the plaintiffs' complaints have plausibly argued that this was the case for the former president's actions.
It also takes caution to avoid taking a position on whether or not the former president could be held liable for causing the Capitol Hill riot, civilly or criminally. However, it urges that the appeals court reject the Republican businessman's claims of immunity that would bring back the cases to a lower court where they will face further litigation, as per NBC News.
The cases involve two Capitol Police officers, James Blassingame and Sidney Hemby, and 11 Congress members. They are seeking to hold former President Trump accountable for the injuries and damages caused by Trump supporters who participated in the Capitol Hill riot.
In February 2022, US District Judge Amit Mehta rejected the Republican businessman's immunity claims. He ruled that way because of the former president's speech during the Jan. 6, 2021, rally on the White House Ellipse, which was not considered a part of his official presidential duties.
At the time, the judge wrote that Trump's actions did not relate to his duties as president to faithfully execute the laws, conduct foreign affairs, command the armed forces, or manage the country's executive branch.
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Claims of Presidential Immunity
The remarks on Thursday mark the first time that the DOJ directly confronted the questions surrounding Trump's claims of immunity related to the Jan. 6 Capitol Hill riot. According to CNN, the US Supreme Court has a 1982 ruling where justices established that presidents of the US had absolute immunity from civil damages that result from their official acts as leaders of the country.
However, whether a presidential speech is considered an official act is still a question that remains unclear. The latest cases highlight the difficulty in challenging the former president's immunity claims. The DOJ also told the DC Circuit that in "all contexts, questions of presidential immunity must be approached with the greatest sensitivity to the unremitting demands of the Presidency.
The filings come after an appeals court debated in December last year whether or not the former president was doing his job when he made a speech during the Jan. 6, 2021, rally. At the time, he told his supporters to "fight like hell" to prevent Congress from certifying the results of the presidential election in 2020 that he lost to Joe Biden, said the Washington Post.
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