Former President Donald Trump can be sued over Jan. 6, appeals court rules.
Former President Donald Trump is not immune to lawsuits over the Jan. 6, 2021, breach of the U.S. Capitol, a federal appeals court ruled on Dec. 1.
President Trump has not proven that he has presidential immunity from suits regarding his actions leading up to and on Jan. 6, the court said.
The ruling was largely based on the determination that President Trump’s campaign for another term was not an official presidential act, so did not fall under presidential immunity.
“In arguing that he is entitled to official-act immunity in the cases before us, President Trump does not dispute that he engaged in his alleged actions up to and on January 6 in his capacity as a candidate. But he thinks that does not matter. Rather, 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,” U.S. Circuit Judge Sri Srinivasan, appointed under former President Barack Obama, wrote in the ruling.
“While presidents are often exercising official responsibilities when they speak on matters of public concern, that is not always the case. When a sitting president running for re-election speaks in a campaign ad or in accepting his political party’s nomination at the party convention, he typically speaks on matters of public concern. Yet he does so in an unofficial, private capacity as office-seeker, not an official capacity as office-holder. And actions taken in an unofficial capacity cannot qualify for official-act immunity,” Judge Srinivasan added.
Judge Gregory Katsas, appointed by President Trump, concurred, while Judge Judith Rogers, appointed under President Bill Clinton, concurred in part.
The panel ruled on an appeal lodged by President Trump after U.S. District Court Judge Amit Mehta, appointed under President Obama, ruled in 2022 that President Trump was not protected by presidential immunity for his speech on Jan. 6.
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