By Lehlohonolo Lehana.
Civil lawsuits seeking to hold Donald Trump accountable for the January 6, 2021, insurrection can move forward in court, a federal judge said Friday in a ruling outlining how the former President could conceivably be responsible for inciting the attack on the US Capitol.
Trump’s statements to his supporters before the riot “is the essence of civil conspiracy,” Judge Amit Mehta wrote in a 112-page opinion, because Trump spoke about himself and rallygoers working “towards a common goal” of fighting and walking down Pennsylvania Avenue.
“The President’s January 6 Rally Speech can reasonably be viewed as a call for collective action,” Mehta said.
Democratic members of the House and police officers who defended the US Capitol on January 6 sued Trump last year, claiming he prompted his supporters to attack. Friday, Mehta wrote that the three lawsuits could move to the evidence-gathering phase and toward a trial — a major loss in court for Trump.
“To deny a President immunity from civil damages is no small step. The court well understands the gravity of its decision. But the alleged facts of this case are without precedent,” Mehta wrote.
“After all, the President’s actions here do not relate to his duties of faithfully executing the laws, conducting foreign affairs, commanding the armed forces, or managing the Executive Branch,” Mehta added. “They entirely concern his efforts to remain in office for a second term. These are unofficial acts, so the separation-of-powers concerns that justify the President’s broad immunity are not present here.”
While he homed in on Trump’s legal liability, the judge ruled in favor of three close allies to Trump who also spoke at the rally on January 6 — his attorney Rudy Giuliani, his son Donald Trump Jr. and Republican Rep. Mo Brooks, saying he would dismiss the claims against them.
When the Senate failed to convict Trump last year in the impeachment proceedings examining his role in the attack, Minority Leader Mitch McConnell — who voted against convicting Trump — noted that “civil litigation” was an avenue through which Trump’s conduct could be addressed.
Two of the lawsuits were brought by Democratic House members, while a third was filed by Capitol Police officers.
Additional Reporting by CNN.