President Donald Trump to proceed. The ruling determined that Trump does not have absolute immunity from civil lawsuits. The lawsuit focuses on Trump’s alleged actions surrounding the assault on the U.S. Capitol on January 6, 2021.
The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit based its decision on a recent ruling in a separate case involving two Capitol Police officers and a group of House Democrats. In a December 1 opinion, the D.C. Circuit rejected Trump’s claim that he is shielded from civil liability because his alleged actions related to the January 6 attack fell within the official functions of the presidency.
In an unsigned opinion on Friday, the three judges asserted that the current case is “indistinguishable” from the previous dispute and rejected Trump’s argument of immunity. They quoted from the earlier ruling, stating, “‘Whether [President Trump’s] actions involved speech on matters of public concern bears no inherent connection to the essential distinction between official and unofficial acts.'”
The lawsuit, initiated in August 2021 by seven Capitol Police officers who defended the Capitol complex on January 6, alleges “unlawful actions” by Trump and his allies. Alongside Trump, more than a dozen others, including members of extremist groups like the Proud Boys and the Oath Keepers, as well as Trump ally Roger Stone, are named as defendants. The officers sought civil damages for physical and emotional injuries resulting from the January 6 attack.
Trump attempted to have the case dismissed, claiming absolute immunity, but U.S. District Judge Amit Mehta rejected this argument in January, allowing the case to proceed. Mehta applied similar reasoning from the case filed by Democratic lawmakers and two police officers, stating that Trump is not entitled to broad immunity for civil lawsuits related to the January 6 riot.
The D.C. Circuit upheld the lower court’s finding and rejected Trump’s assertion that he was engaging in an official function of the presidency during his speech outside the White House on January 6. The three-judge panel emphasized that a first-term president’s campaign for re-election is not an official act and is not protected by presidential immunity.
Trump has the option to seek review of the rulings in both cases from the full D.C. Circuit or the U.S. Supreme Court. He has consistently argued for the dismissal of cases against him on the grounds of presidential immunity, with limited success. In a separate criminal case in Washington, D.C., Trump faces charges related to alleged efforts to obstruct the transfer of presidential power after the 2020 election. The D.C. Circuit has expedited the case, scheduling arguments on the immunity issue for January 9. Special counsel Jack Smith, who brought the charges against Trump, sought expedited review by the Supreme Court, but the high court rejected the request last week.
