Justice Department Argues That Trump Can Be Sued for January 6 Capitol Riot
As reported by the Washington Post, attorneys for the DOJ’s Civil Division wrote:
Speaking to the public on matters of public concern is a traditional function of the Presidency, and the outer perimeter of the President’s Office includes a vast realm of such speech. But that traditional function is one of public communication. It does not include incitement of imminent private violence.
Two Capitol Police officers and 11 House Democrats joined in a lawsuit to hold Trump liable for physiological and physical effects they allegedly suffered from the riot. (Ashli Babbitt was unavailable for comment.)
An appeals court remained undecided in December on whether Trump was acting within his official duties when he held the rally that preceded the riot. The court asked the DOJ to give an opinion on the case, while Trump has argued he has absolute immunity that protects him from being sued.
Here’s more, via WaPo:
The lawsuit was filed under a statute, written after the Civil War in response to the Ku Klux Klan, that allows for damages when force, threats or intimidation are used to prevent government officials from carrying out their duties.
[…]
The district court that first heard this suit already ruled that the First Amendment does not protect Trump’s conduct.
[…]
The lawsuit is still at a preliminary stage, and the Justice Department emphasized that it was not saying the allegation that Trump incited the Jan. 6 riot is true — only that the “plausibly allege[d]” claims describe conduct outside the scope of a president’s official duties.
The lawsuit is still at a preliminary stage, and the Justice Department emphasized that it was not saying the allegation that Trump incited the Jan. 6 riot is true — only that the “plausibly allege[d]” claims describe conduct outside the scope of a president’s official duties.