Former President Donald Trump can be sued over his alleged incitement of violence ahead of the Jan. 6, 2021, Capitol protest, a federal appeals court ruled Friday.
Mr. Trump had claimed his words were protected by the First Amendment and presidential immunity after he faced lawsuits from injured police officers and members of Congress over the Jan. 6 riot. He had asked the court to reject the lawsuits.
But a three-judge panel at the U.S. Circuit Court for the District of Columbia ruled he could be sued in civil court over claims he incited violence, tossing aside the former president’s argument that he couldn’t be sued for his speech — at least at this stage of litigation.
“When he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the president,” wrote Judge Sir Srinivasan, an Obama appointee. “When he acts in an unofficial, private capacity, he is subject to civil suits like any private citizen.”
The court said it was not commenting on the merits but rejecting only the former president’s claim of immunity at this stage of the litigation. The court said Mr. Trump could make more arguments as the cases proceed.
“Because our decision is not necessarily even the final word on the issue of presidential immunity, we of course express no view on the ultimate merits of the claims against President Trump. Nor do we have any occasion to address his other defenses, including his claim that his alleged actions fall within the protections of the First Amendment because they did not amount to incitement of imminent lawless action,” Judge Srinivasan wrote.
Rep. Barbara Lee, California Democrat who is a plaintiff in the lawsuit, said the ruling sets an important precedent and no one is above the law.
“I witnessed that the peaceful transfer of power was almost thwarted,” she said of the protest at the Capitol.
Judges Judith Rogers, a Clinton appointee, and Gregory George Katsas, a Trump appointee, joined the ruling.
Judge Katsas said a trial or further proceedings would be necessary to evaluate Mr. Trump’s speech and whether it was entitled to immunity — but that couldn’t be settled at the summary judgment stage as Mr. Trump was requesting.
Mr. Trump could appeal the ruling to the Supreme Court.
Steven Cheung, a spokesperson for the Trump campaign, said the decision was “limited, narrow and procedural.”
“The facts fully show that on January 6 President Trump was acting on behalf of the American people, carrying out his duties as President of the United States. Moreover, his admonition that his supporters ’peacefully and patriotically make [their] voices heard,’ along with a myriad other statements completely prove that these Democrat Hoaxes are completely meritless,” he said.
Alina Habba, a lawyer for Mr. Trump, said the opinion was “fundamentally flawed.”
“Presidential immunity is a critical protection afforded to all presidents to ensure that they can faithfully carry out the official duties of their office and that must extend to a president’s responsibility of speaking on matters of public concern,” she said.
Meanwhile, James Blassingame, an officer injured in the Jan. 6 riot who sued Mr. Trump, told The Associated Press he is committed to pursuing his case.
“More than two years later, it is unnerving to hear the same fabrications and dangerous rhetoric that put my life as well as the lives of my fellow officers in danger on January 6, 2021,” Mr. Blassingame said in a statement. “I hope our case will assist with helping put our democracy back on the right track; making it crystal clear that no person, regardless of title or position of stature, is above the rule of law.”
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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