The Federal Court of Appeals for the District of Columbia Circuit determined that former US President Donald Trump could be held civilly liable for the actions of the mob that attacked the Capitol on January 6, 2021.
Two police officers guarding the Capitol on January 6 and about a dozen Democratic congressmen sued Trump in 2021. In their opinion, the former president created a threat to their lives when he declared a stolen election victory and called on a crowd of supporters to go to the Capitol and “fight like hell.”
The Washington Post writes that the lawsuit against Trump is based on a 150-year-old law that prohibits the use of force, threats or intimidation to prevent officials from carrying out their duties.
According to the plaintiffs, Trump violated this law by colluding with members of far-right groups to prevent lawmakers from certifying Joe Biden’s electoral victory.
Trump and his lawyers argue that he is protected from the lawsuit because of the absolute immunity granted to the president while performing official duties.
According to the Supreme Court, American presidents can only be held responsible for personal actions outside the “outer perimeter” of their duties.
The appeals court had to determine whether Trump’s claims of a stolen victory and calls for his supporters to march on the Capitol crossed that line.
“When a first-term president seeks re-election, his campaign is not an official act of the presidency,” wrote the chief judge in the case, Sri Srinivasan. “The office of the president as an institution is indifferent to who takes over next.”
The appeals court made clear that this is only a preliminary ruling and that Trump can still convince the judge that presidential immunity applies to specific actions or statements on his part.
Trump campaign spokesman Stephen Chung called the appeals court decision “narrow, limited and procedural.” Trump’s lawyers are expected to appeal the decision.
