In a petition with a Washington federal appeals court, the Justice Department argued that the lawsuits should be allowed to proceed and that Trump lacks immunity from the charges.
In a federal court lawsuit examining Trump's legal vulnerability for his statement before the riot on January 6, 2021, the Justice Department stated on Thursday that injured Capitol Police officers and Democratic lawmakers can sue Trump over the uprising at the U.S. Capitol.
The Department of Justice has filed paperwork with a federal appeals court in Washington arguing that the lawsuits should be allowed to proceed and rejecting Trump's claim of immunity from the charges.
Claims in the lawsuits allege that the former president's statements incited the attack on the Capitol; the department has stated that it does not take a stance on this issue. However, attorneys for the Department of Justice argued before the court that the president does not enjoy "total immunity" if it is determined that his comments constitute a "incitement of imminent private violence."
"The President has "exceptional ability to speak to his fellow citizens and on their behalf," they said, because of his position as the nation's chief executive. Yet, that purpose has always been one of public discourse and persuasion, not the encouragement of immediate private violence.
A second criminal inquiry by a department special counsel exploring whether Trump can be punished over efforts to derail President Joseph Biden's 2020 presidential election ahead of the Capitol riot is unrelated to the brief filed by the Justice Department's Civil Division. The attorneys emphasise that they are not making any judgements about Trump's or anyone else's possible criminal responsibility.
Trump's legal team has maintained that their client was acting lawfully and within the scope of his official duties when he incited thousands of followers to "march to the Capitol" and "fight like hell" just before the brawl broke out.
According to court documents, Trump's legal team argued that the president's immunity was not affected by the rioters' acts. According to the Washington Post, "President Trump was acting well within the boundaries of regular presidential action when he engaged in open discussion and debate regarding the integrity of the 2020 election in the lead-up to January 6th and on the day itself."
On Thursday, a Trump spokesman said the president had "repeatedly called for peace, patriotism, and respect for our men and women of law enforcement." "on January 6th, he added that the courts "should decide in favour of President Trump in short order and dismiss these spurious cases."
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