Federal appeals court declines to halt Jan. 6 lawsuits against Trump based on presidential immunity

A federal appeals court ruled Friday that former President Donald Trump should not, at this stage, be immune from the Jan. 6 lawsuits.

The D.C. Circuit Court of Appeals determined that a president does not enjoy immunity from liability when he acts “outside the duties of his office.” writing that “is subject to civil causes like any private citizen”. Capitol Police officers and members of Congress present on January 6 sued Trump in 2021 for civil damages, alleging that his speech that day and statements leading up to it “triggered the ensuing riot on Capitol Hill.”

“The sole issue before us is whether President Trump has demonstrated entitlement to official act immunity for his actions prior to January 6 as alleged in the complaints,” wrote the Chief Justice Sri Srinivasan, an Obama appointee, in the court's opinion. . “We answer no, at least at this stage of the procedure.”

Srinivasan noted that it is “not always the case” that presidents commit to official responsibilities “when they speak on matters of public concern.”

BREAKING: A federal appeals court has ruled that Donald Trump *can* be sued for inciting the Jan. 6 crowd. He is not “immune” because he was president, the circuit rules.

Details of the sentence will be forthcoming. https://t.co/984JPuhpMS pic.twitter.com/FvZYgGwMxj

— Kyle Cheney (@kyledcheney) December 1, 2023

“When a sitting president running for re-election speaks in a campaign announcement or in accepting his political party's nomination at the party convention, he is usually speaking on matters of public concern,” the opinion states. “However, he does so in a private and unofficial capacity as an office seeker, not as an office holder.”

The court stated that Trump will have the opportunity to demonstrate that his actions were taken “in his official capacity” and “develop his own facts on the issue of immunity” in future proceedings at the district court level, and noted that his opinion is based on accepting “allegations”. in the plaintiffs' complaints as true” because they are considering a motion to dismiss.

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