Former President Donald Trump not entitled to immunity from civil lawsuits
Washington — A federal appeals court in Washington said Friday that former President Donald Trump is not currently entitled to immunity from civil lawsuits seeking to hold him accountable for actions surrounding the Jan. 6, 2021, assault on the U.S. Capitol.
The opinion from the three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit allows the cases against Trump to move forward and comes nearly a year after the judges weighed Trump's claims that he's entitled to broad immunity from the suits brought by a group of congressional Democrats and veteran Capitol Police officers, who seek civil damages for the harms they alleged to have suffered because of the Capitol attack.
"The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints," Chief Judge Sri Srinivasan wrote. "We answer no, at least at this stage of the proceedings."
A panel of judges has ruled that when a president seeks reelection, their campaign for a second term is not considered an official presidential act. Instead, the actions taken during this time are seen as those of an office-seeker rather than an office-holder.
The judges stated, "In his view, a president's speech on matters of public concern is invariably an official function, and he was engaged in that function when he spoke at the January 6 rally and in the leadup to that day. We cannot accept that rationale. While presidents are often exercising official responsibilities when they speak on matters of public concern, that is not always the case."
The panel also noted that although they are rejecting Trump's argument for immunity at this stage, the former president has not yet had the opportunity to respond to the allegations made by the officers and House Democrats. He must be given the chance to do so.
Trump has the option to appeal the decision, either to the full D.C. Circuit or the Supreme Court. Currently, he is leading the Republican presidential nomination race as he seeks a third term in the White House.
The D.C. Circuit has made a decision regarding the lawsuits brought against former President Trump by Capitol Police officers, House Democrats, and Rep. Eric Swalwell. The lawsuits were filed in 2021 over comments made by Trump leading up to and during a rally on Jan. 6, 2021, outside the White House. The plaintiffs argued that Trump incited his supporters to breach the U.S. Capitol in violation of federal and local laws.
Trump claimed that he should be shielded from the lawsuits because he was acting within the official duties of the presidency. However, U.S. District Judge Amit Mehta allowed the cases to proceed, and Trump requested a review from the D.C. Circuit.
This decision from the D.C. Circuit comes as Trump faces multiple legal challenges in civil and criminal cases. The Justice Department has charged him with four counts related to the 2020 election, and Trump is seeking to dismiss the charges based on presidential immunity. He has pleaded not guilty to all counts.
Former President Donald Trump is facing multiple legal challenges across the country. In South Florida, he is facing 40 federal counts for allegedly mishandling sensitive government documents retrieved from his Mar-a-Lago resort after leaving office. Additionally, he has been charged with 34 state counts of falsifying business records in New York. In New York, there is also an ongoing civil trial involving Trump's eponymous company. Trump has pleaded not guilty to all charges.
