The Justice Department says former President Donald Trump can be sued by injured Capitol Police officers and Democratic lawmakers over the Jan. 6, 2021, insurrection at the U.S. Capitol. In court p…
By ERIC TUCKER and ALANNA DURKIN RICHER
The department said it takes no position on the lawsuits’ claims that the former president’s words incited the attack on the Capitol. Nevertheless, Justice lawyers told the court that a president would not be protected by “absolute immunity” if his words were found to have been an “incitement of imminent private violence.”
Trump’s lawyers have argued he was acting within the bounds of his official duties and had no intention to spark violence when he called on thousands of supporters to “march to the Capitol” and “fight like hell” before the riot erupted. In the separate investigation into Trump and his allies’ efforts to keep the Republican president in power, special counsel Jack Smith has subpoenaed former Vice President Mike Pence, who has said he will fight the subpoena.
The lawsuits, filed by Rep. Eric Swalwell, D-Calif., officers James Blassingame and Sidney Hemby, and later joined by other House Democrats, argue that Trump and others made “false and incendiary allegations of fraud and theft, and in direct response to the Defendant’s express calls for violence at the rally, a violent mob attacked the U.S. Capitol.”
Even if the appeals court agrees that Trump can be sued, those who brought the lawsuit still face an uphill battle. They would need to show there was more than fiery rhetoric, but a direct and intentional call for imminent violence, said Laurie Levenson, a Loyola Law School professor and former federal prosecutor.
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