Supporters of former US President Donald Trump entered the US Capitol as smoke filled the corridor during the attack on January 6, 2021. In a court filing on Thursday, the Justice Department stated that Trump can be sued by police officers and others who were injured during this incident. The department submitted an official legal opinion to a federal court in Washington, explaining that while a president enjoys absolute immunity for official acts performed while in office, this immunity does not extend to actions that are clearly outside the scope of official duties.
The opinion was provided at the request of the court, which is currently hearing a lawsuit filed by two police officers and eleven lawmakers who claim to have suffered injuries during the attack. Trump, who is being sued alongside other key figures accused of inciting the violence, argued that he is protected from lawsuits due to his absolute immunity. He contended that his statements leading up to and during the attack constituted “speech on matters of public concern,” which he believes falls within his official duties, even if such speech could be interpreted as inciting violence.
However, the Justice Department urged the court to reject Trump’s broad claim of immunity. They emphasized that, as the nation’s leader and head of state, the president possesses “an extraordinary power to speak to his fellow citizens and on their behalf.” Nonetheless, the department clarified that this traditional role is meant for public communication and persuasion, not for inciting imminent private violence. They also pointed out that a president’s speech during a campaign does not receive blanket protection, suggesting that Trump’s support for the January 6 mob, which rejected his electoral loss two months prior, may not be covered by his presidential immunity. The Justice Department refrained from commenting on the merits of the case, specifically whether Trump did or did not incite violence, but indicated that such actions would not be protected by his presidential immunity.
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