In a significant blow to former President Donald Trump’s legal defense, a federal appeals court unanimously ruled on Friday, December 29, 2023, against his claim of absolute immunity in a civil lawsuit filed by U.S. Capitol Police officers. The officers allege Trump’s responsibility for injuries sustained during the January 6, 2021 insurrection.
Contrary to Trump’s argument that he cannot be sued for conduct related to his official duties as president, a three-judge panel decisively rejected his immunity defense, allowing the lawsuit to proceed, as reported by CBS News.
The court’s decision mirrors a recent case brought by Democratic lawmakers and Capitol Police officers, where Trump’s assertions of immunity were similarly dismissed by the appeals court.
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This consecutive legal setback deals a severe blow to Trump’s attempts to shield himself from civil liability in connection with the January 6th riot. The courts have consistently maintained that he does not enjoy blanket immunity for actions outside the scope of his official duties as president.
The judges underscored that Trump’s actions surrounding the Capitol attack did not constitute official acts protected from civil litigation. Specifically, they highlighted that his speech outside the White House prior to the riot was categorized as campaigning for re-election, not part of his official duties and therefore not shielded by immunity.
This ruling opens the door for civil suits seeking accountability for the unprecedented attack on the Capitol, alleging that Trump directly incited the violence that unfolded. The prospect of civil damages now looms for Trump, who has consistently downplayed and deflected blame for the riot.
While Trump has the option to appeal to the Supreme Court, previous attempts to claim immunity have yielded little success. Federal judges overseeing criminal cases against him have also rejected such arguments.
The repeated denial of immunity assertions emphasizes that, despite his protests, Trump is not above the law. The judicial system continues to assert that his unofficial conduct as president exposes him to civil liability like any other citizen.
As the Capitol Police officers move one step closer to their day in court, Trump faces the impending challenge of defending his actions on the merits at trial, absent a successful appeal. This legal development underscores the principle that accountability knows no immunity, even for a former president.
