Judge rules Trump must face civil suits over Jan. 6
By Harper Neidig - 02/18/22 03:46 PM EST
Former President Trump must face the multiple civil lawsuits seeking to hold him liable for the Jan. 6 attack, a federal judge ruled on Friday, rejecting Trump's efforts to dismiss the cases.
U.S. District Judge Amit Mehta issued a 112-page opinion rejecting the former president's assertion that he has absolute immunity from the lawsuits because they concern his conduct while in office. But Mehta, an Obama appointee, said he was trying to strike a careful balance in respecting the legal shield afforded to sitting presidents' official acts.
"To deny a President immunity from civil damages is no small step," Mehta wrote. "The court well understands the gravity of its decision. But the alleged facts of this case are without precedent, and the court believes that its decision is consistent with the purposes behind such immunity."
Mehta ruled that Trump could be sued for helping to incite the riot at the Capitol last year, because his efforts to undermine the 2020 election results, including his speech at the "Stop the Steal" rally just before the Capitol was breached, could not be considered official acts.
"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 wrote. "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."
Mehta's ruling came in a set of cases brought by U.S. Capitol Police officers and Democratic House members. One was filed by Rep. Bennie Thompson (D-Miss.), the chairman of the House Jan. 6 Select Committee, and another by Rep. Eric Swalwell (D-Calif.).
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https://thehill.com/regulation/court-battles/594960-judge-rules-trump-must-face-civil-suits-over-jan-6
