Trump doesn’t have immunity from Jan. 6 civil suit brought by U.S. Capitol Police officers, appeals court says

US Court Rules Lawsuit Against Former President Trump Can Proceed

In a significant decision, a federal appeals court permitted a lawsuit filed by a group of U.S. Capitol Police officers against former President Donald Trump to move forward, invalidating Trump’s claimed absolute immunity from civil lawsuits. The lawsuit centers on Trump’s supposed conduct surrounding the January 6, 2021, attack on the U.S. Capitol.

Court Decision and Rationale

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit based its ruling on a decision in a different case filed by two Capitol Police officers and a group of House Democrats, announced earlier this month. Upholding the December 1 opinion, the D.C. Circuit dismissed Trump’s assertion that he is shielded from civil liability because his alleged actions in connection to the January 6 attack fell within the official functions of the presidency.

Unanimously, the three judges stated that the case before them is “indistinguishable” from the other dispute and said that Trump’s claim of immunity “fails.”

The judges further cited from the D.C. Circuit’s earlier ruling, stating that “‘Whether [President Trump’s] actions involved speech on matters of public concern bears no inherent connection to the essential distinction between official and unofficial acts.'” The Trump campaign did not offer an immediate response to the judges’ decision.

Background of the Case

The lawsuit was initiated in August 2021 by seven Capitol Police officers who were involved in defending the Capitol complex on January 6 and were harassed and assaulted during the riot, which they attributed to “unlawful actions” by Trump and his associates.

Aside from suing Trump, the officers also named more than a dozen others as defendants, including members of far-right extremist groups like the Proud Boys and the Oath Keepers, as well as Trump ally Roger Stone. Seeking civil damages, the Capitol Police officers aimed to hold Trump and the other defendants accountable for the physical and emotional injuries they suffered as a result of the January 6 attack.

Furthermore, Trump asked the federal District Court in Washington to dismiss the case, arguing absolute immunity from being sued for the alleged acts. However, the District Judge rejected his argument and allowed the case to proceed. The District Judge used similar reasoning as the case filed by the Democratic lawmakers and two police officers, affirming that Trump is not entitled to broad immunity from civil lawsuits in relation to the January 6 riot.

Appeal and Future Implications

It is worth noting that Trump has manifested strong opposition to the lawsuit, claiming that cases against him should be dismissed based on the grounds of presidential immunity, albeit with minimal success. The D.C. Circuit has fast-tracked the related cases, indicating that the immunity issue will be deliberated upon with urgency. Special counsel Jack Smith, who pressed charges against Trump, requested the Supreme Court to expedite decision-making on the matter, but the high court rejected Smith’s plea last week.

These developments further underline the ongoing legal scrutiny faced by the former president, following the events following the 2020 election and the January 6 riot, both of which have legal implications for Trump.