Presidential immunity will not protect the former leader from lawsuits over the January 6, 2021 riot
Former U.S. President Donald Trump. © Anna Moneymaker-Pool/Getty Images
Former US President Donald Trump is not immune from being sued over his alleged role in instigating the January 6, 2021 riot on Capitol Hill, an appeals court in Washington DC ruled on Friday. Democrats and Capitol Police officers took legal action against Trump in the wake of the violent protest.
In a unanimous verdict, the court rejected Trump’s argument that “presidential immunity” forbids him from being held liable for the events of that day, which took place while he was still in power. In a speech to his supporters before the riot, Trump told them to “fight like hell” against his election loss, but to do so “peacefully and patriotically.”
A trio of lawsuits brought by Democratic lawmakers and US Capitol Police officers allege that Trump’s ‘fight like hell’ speech encouraged the mob to storm the Capitol, and should pay damages. Two officers injured during the riot are seeking a minimum of $75,000 from the former president.
Four people died during the protest, all of them Trump supporters. One woman, an Air Force veteran named Ashli Babbitt, was shot dead by a Capitol Police officer during a scuffle near the entrance to the House chamber.
The court’s decision paves the way for these lawsuits to go ahead, and could also influence the outcome of a criminal case brought against the former president by Special Counsel Jack Smith. In August, Smith charged Trump with conspiracy to defraud the US, conspiracy to obstruct an official proceeding, and conspiracy against right, making the same argument that Trump’s speech provoked the storming of the Capitol.
Trump’s lawyers have argued that speeches on “election integrity” are “at the heart of his official responsibilities as president,” and are therefore protected from legal consequences. Trump himself has dismissed Smith’s case as a “pathetic attempt by the Biden Crime Family and their weaponized Department of Justice to interfere with the 2024 Presidential Election.”
