Trump not immune from civil claims from Jan. 6 speech, judge rules
Trump not immune from civil claims from Jan. 6 speech, judge rules
A federal judge is allowing a civil suit brought against President Trump for his actions on Jan. 6, 2021 to proceed in court, a victory for Democratic lawmakers and Capitol Police officers who brought the litigation.
The late Tuesday ruling from U.S. District Court Judge Amit Mehta found that Trump’s speech on the Ellipse that day was not covered by the Supreme Court’s immunity ruling, determining it could not be considered a core presidential act.
He also determined the phone call Trump made to Georgia Secretary of State Brad Raffensperger (R) asking him to “find” more votes was clearly an effort “to alter the outcome of Georgia’s election.”
The ruling is significant not only in that it allows those seeking to hold Trump accountable for Jan. 6 to continue the fight but because it shows the limits of a 2024 Supreme Court ruling that largely sided with the president in finding former executives immune for actions they carried out as part of their core White House role.
Mehta found that Trump’s speech near the mall could not be considered an official White House act because “nearly all the individuals who ran the nuts and bolts of the operation” were campaign-affiliated or otherwise linked to his re-election efforts.
“The court assesses whether he has carried his burden to show he is cloaked with official acts immunity for the Ellipse Speech. He has not,” Mehta wrote.
“President Trump does not dispute that he remained an office-seeker up to and on January 6. The President’s appearance at the Save America Rally, consistent with that status, involved almost no ‘trappings of an official function.’ No public funds were used to put on or promote the event. The White House did not tout the Ellipse Speech through its official website or social media channels beforehand, and it did not publish the President’s remarks afterwards. Nor did any executive branch agency. Further, the White House played no meaningful role in organizing or planning the Rally.”
Mehta was likewise critical of Trump’s outreach to a number of state and local officials after his 2020 loss, including figures in Michigan, Arizona and Georgia.
While Trump’s call to Michigan lawmakers can be covered by presidential immunity, the call to Raffensperger “can only reasonably be viewed as the act of an office-seeker,” Mehta found.
During that call, Trump said, “So what are we going to do here folks? I only need 11,000 votes. . . . Give me a break. You know, we have that in spades already.”
“These are the words of an office-seeker imploring a state official to alter the outcome of Georgia’s election, not those of an incumbent President acting in his official capacity,” Mehta wrote.
The ruling did include some wins for Trump, including allowing appeals on various matters to continue that are likely to extend litigation in the case for some time.
The decision came in a case that combines seven earlier suits from a number of parties, each arguing Trump should be held liable for his speech that day.
“Donald Trump thinks he can get away with murder,” Rep. Eric Swalwell (D-Calif.), one of the lawmakers who sued Trump, said in a statement.
“This lawsuit is long overdue for his hand in the destruction of our Capitol and the attack on our democracy on January 6. This case is for my colleagues, the brave Capitol Police officers, Americans everywhere, and the future of our nation. Those who incited and fueled the violence must be held responsible. I’m thankful that we will get some accountability and some measure of closure from that dark day. And that finally, the truth will come to light. We deserve it.”
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