Key takeaways:
- The US Justice Department has argued that former President Donald Trump can be sued in civil lawsuits for damages incurred during the January 6, 2021, Capitol attack.
- The Department argued that a president cannot be absolutely immune for speech on a matter of public concern if the speech is found to have incited violence.
- The lawsuits allege that Trump incited the violence by making false claims about the election results and encouraging his supporters to march on the Capitol.
The US Justice Department has argued that former President Donald Trump can be sued in civil lawsuits for damages incurred during the January 6, 2021, Capitol attack. In a friend-of-the-court brief filed on Thursday, the Department rejected Trump’s claims of absolute immunity for civil action, stating that no part of a president’s official responsibilities includes the incitement of imminent private violence.
The brief was filed at the request of judges on the Washington, D.C., appeals court, who are considering several private lawsuits brought against Trump for his conduct in the lead-up to the attack on the Capitol. The Justice Department clarified that the brief does not determine whether Trump should be held liable, either criminally or civilly, for the Capitol breach.
The Department argued that a president cannot be absolutely immune for speech on a matter of public concern if the speech is found to have incited violence. The brief further stated that the president’s official duties do not include the incitement of imminent private violence.
The Justice Department’s brief is the latest development in the ongoing legal battle over Trump’s role in the Capitol attack. The lawsuits allege that Trump incited the violence by making false claims about the election results and encouraging his supporters to march on the Capitol. It remains to be seen how the court will rule on the matter.
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