Trump not entitled to immunity from civil suits over Capitol attack, says DoJ – By Hugo Lowell (The Guardian) / Mar 2, 2023
Justice department said ex-president could be held liable for physical and psychological harm suffered during January 6
Donald Trump does not have absolute immunity from civil suits seeking damages over his alleged incitement of the January 6 Capitol attack, the US justice department said in a court filing that could have profound implications for complaints against the former president.
In an amicus brief in a case brought by two US Capitol police officers and joined by 11 House Democrats, the justice department said Trump could be held liable for physical and psychological harm suffered during the attack despite his attempts to seek blanket protections.
“Speaking to the public on matters of public concern is a traditional function of the presidency,” read the 32-page brief to the US court of appeals for the DC circuit. “But that traditional function is one of public communication. It does not include incitement of imminent private violence.”
The justice department stressed that it was not weighing in on whether the lawsuit had made a plausible argument that Trump’s speech immediately before the January 6 attack incited thousands of his supporters to storm the Capitol in an effort to stop certification of Joe Biden’s election win.
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