A decision reported by Reuters on Friday, December 1, 2023, a U.S. appeals court has declared that former President Donald Trump must address civil lawsuits regarding his involvement in the January 6, 2021, Capitol attack by his supporters. The court dismissed Trump’s claim of immunity from liability, asserting that his actions on that day were not part of his official presidential duties.
A unanimous three-judge panel from the D.C. Circuit Court of Appeals supported the decisions of two lower court judges who rejected Trump’s attempts to dismiss cases brought by seven U.S. Capitol Police officers and two members of Congress. The plaintiffs accuse Trump of inciting the riot, causing injuries, and violating their constitutional rights.
The appeals court emphasized that Trump’s conduct on January 6 did not qualify for absolute immunity, as it was not related to his presidential duties. The court also rejected Trump’s First Amendment defense, stating that it does not shield him from liability for alleged agreements and conspiracies with his followers to stage the Capitol attack.
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According to the court, there is sufficient evidence to support claims that Trump’s speech was intended to incite imminent lawless action, and that it played a substantial factor in causing the injuries suffered by the plaintiffs. The court acknowledged the allegations that Trump conspired with far-right groups such as the Proud Boys and the Oath Keepers.
This ruling paves the way for the lawsuits to move forward to the discovery phase, potentially leading to depositions of Trump and his allies, along with document requests. The plaintiffs seek compensatory and punitive damages, as well as a declaration that Trump violated the law.
While Trump’s lawyers have not commented on the ruling, they retain the option to appeal to the full D.C. Circuit or the Supreme Court. Additionally, Trump faces a criminal indictment in Georgia for his efforts to overturn the election results in that state.
