Appeals court rules Trump doesn’t have immunity from civil suits over Jan. 6 riots
by Ella Lee - 12/01/23 10:43 AM ET
Former President Trump is not immune from civil lawsuits blaming him for the Jan. 6, 2021, attack on the U.S. Capitol, an appeals court ruled Friday.
The appellate court was asked to decide whether Trump’s false claims of election fraud and rallying cry for supporters to gather at the Capitol and “fight like hell” was outside his presidential responsibilities, meaning he could be held liable for it under U.S. Supreme Court precedent.
A three-judge panel affirmed unanimously that Trump’s post-election efforts to subvert the 2020 election results were done in his capacity as a presidential candidate — not a president.
“When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act,” Chief Judge Sri Srinivasan of the U.S. Court of Appeals for the District of Columbia wrote in an opinion.
The appeals panel noted that Trump himself recognized his campaign to win re-election was in his personal capacity, citing a motion Trump filed “in his personal capacity as candidate for reelection to the office of President” with the Supreme Court when challenging election administration in several battleground states.
Presidents can carry out their official duties without exposure to civil liabilities, but when they are not acting in that capacity, the protection doesn’t carry over, the panel ruled.
“The President…does not spend every minute of every day exercising official responsibilities,” Srinivasan wrote. “And when he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the President.”
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https://thehill.com/regulation/court-battles/4337301-appeals-court-rules-trump-doesnt-have-immunity-from-civil-suits-over-jan-6-riots/