An attorney for former President Donald Trump on Monday asked a D.C. federal judge to dismiss a trio of lawsuits filed by Democratic lawmakers and two Capitol Police officers who claim Mr. Trump incited the Jan. 6, 2021, Capitol riot.
Attorney Jesse Binnall told U.S. District Judge Amit Mehta that the former president has “absolute immunity” from the suits, which claim his speech at the “Save America” rally on Jan. 6, 2021, instigated the riot that followed.
During the speech, Mr. Trump challenged Congress’ certification of the 2020 presidential election to Democrat Joseph R. Biden and told the crowd to march to the Capitol and “to peacefully and patriotically make your voices heard.”
Mr. Binnall insisted the speech was “not on the outer perimeters” of absolute immunity from civil litigation for official acts carried out by a president.
“We are dead center on immunity because a president always has the authority to speak about whether or not any of the other branches frankly can or should take action,” he said.
Judge Mehta, an appointee of former President Obama, asked whether “there is anything the president could say while president of the United States that could subject him to civil suits?”
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Mr. Binnall said he could “not come up with an example of something that the president says as president that would not be covered by executive privilege.”
He insisted that it is a “purposely hard road to hoe” because presidential duties are “all-encompassing.”
“When that person holds the office, for that term of office, what a president does is constantly part of being the sole person responsible for the executive branch of government,” Mr. Binnall said.
One of the lawsuits was filed last year by Rep. Eric Swalwell, California Democrat, against Mr. Trump, his former adviser Rudolph W. Giuliani, Donald Trump Jr. and Rep. Mo Brooks, Alabama Republican.
Mr. Swalwell argues they violated federal civil rights laws by spreading false claims of widespread voter fraud that prompted the Capitol riot.
Rep. Bennie Thompson, Mississippi Democrat, filed another suit last year against Mr. Trump, Mr. Giuliani and two right-wing organizations: the Proud Boys and Oath Keepers.
Ten other House Democrats have since joined the suit which claims Mr. Trump and Mr. Giuliani violated the Ku Klux Klan Act of 1871 by conspiring to prevent Congress’ certification of the election “by force, intimidation or threats.”
They argue the duo, along with the Proud Boys and Oath Keepers, carried out a “carefully coordinated campaign” to interfere with the congressional certification.
In the third suit filed last year, Capitol Police officers James Blassingame and Sidney Hemby charge that Mr. Trump should be held liable for the physical and emotional injuries they suffered during the riot, which they say he incited through his election fraud claims.
Monday’s oral arguments lasted nearly two hours. It is unclear when Judge Mehta will issue a ruling.
• Emily Zantow can be reached at ezantow@washingtontimes.com.
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