“When he [The President] acts in an unofficial, private capacity, he is subject to civil suits like any private citizen,” court says
Former US President Donald Trump cannot claim presidential immunity and can be sued for his alleged role in the January 6 Capitol riot, the United States Court of Appeals for the District of Columbia Circuit ruled on Friday.
In its ruling, the court rejected Trump’s attempt to dismiss civil lawsuits against him on the basis of presidential immunity, saying he was not acting in his official capacity as president, but rather as a presidential candidate when he delivered his January 6 speech to his supporters. Several lawsuits have alleged that his speech incited the ensuing riot.
“When he [The President] acts in an unofficial, private capacity, he is subject to civil suits like any private citizen,” the court said in its ruling.
The court said that the plaintiffs, who include Capitol Police officers and members of Congress present at the Capitol on that day, can seek civil damages for alleged harms arising from the riot.
“The plaintiffs contend that, during President Trump’s final months in office, he conspired with political allies and supporters to obtain a second term despite his defeat in the 2020 election. He allegedly advanced that cause before January 6 by repeatedly making false claims that the election might be (and then had been) stolen, filing meritless lawsuits challenging the election results, and pressuring state and local officials to reverse the election outcomes in their jurisdictions,” the ruling stated.
The ruling was focused on determining whether Trump had successfully substantiated his claim to immunity, and left the door open for him to try to prove in district court that he was acting in his capacity as president, rather than his unofficial capacity as an office-seeker.
“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,” the court said in its ruling. “We answer no, at least at this stage of the proceedings. When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act.”
On January 6, 2021, after Trump’s election defeat, a mob of his supporters breached the US Capitol in an attempt to halt Congress’s Electoral College vote count. Since the riot, charges have been filed against over 1,200 individuals for crimes related to the breach of the Capitol.
Vivek Ramaswamy joins The Alex Jones Show to talk about the populist movement making its way around the globe.
