Former President Donald Trump can be sued for inciting the January 6, 2021, riot at the United States Capitol building, a federal appeals court ruled on Friday.
Trump faces three lawsuits filed by Capitol police officers and members of Congress over the Jan. 6 riot, when a group of his supporters violently protested the 2020 election results in a failed effort to block certification of then-President-elect Joe Biden’s Electoral College victory. Lawsuits allege that Trump’s claims of widespread election fraud, which have not been substantiated, as well as his speech at the infamous “Stop the Steal” rally earlier that day, helped incite the riot.
Trump’s attorneys have argued his presidential immunity protects him from liability, arguing that his words involved “matters of public concern,” the Associated Press reported. But a federal court on Friday declined to dismiss the lawsuits on that basis.
The three-judge panel noted, however, the ruling was not the final word on whether Trump’s presidential immunity applies to the case and does reflect “no view on the ultimate merits of the claims,” according to the Associated Press.
Former President Donald Trump on September 15, 2023, in Washington, D.C. A panel of three judges ruled on Friday that Trump can face lawsuits for allegedly inciting the January 6, 2021, riot at the United States Capitol building. Anna Moneymaker/Getty Images
The panel found that Trump was operating “in his personal capacity as a presidential candidate,” rather than his official capacity, at the time of the rally, Reuters reported.
A Trump spokesperson told Reuters the ruling was “limited, narrow and procedural” and that Trump was “acting on behalf of the American people” on January 6.
The ruling means he may now face the three lawsuits, one of which was filed by Representative Eric Swalwell, a California Democrat who is a staunch Trump critic, in court. Another lawsuit was filed by Representative Bennie Thompson, a Mississippi Democrat.
Newsweek reached out to Trump’s campaign for comment via email.
The ruling comes as Trump is facing other legal battles over his actions surrounding the 2020 presidential election. The Department of Justice and Georgia’s Fulton County District Attorney Fani Willis charged him with alleged election interference for his alleged role in plans to thwart election results, including plans to submit a false slate of pro-Trump electors to the Electoral College.
Trump maintains his innocence in those cases, pleading not guilty to all charges. He has accused prosecutors of targeting him for political purposes, including weakening his 2024 presidential campaign.
His attorneys have also argued presidential immunity shields him from liability in Smith’s case.
Legal experts reacted to the ruling on Friday.
“TRUMP & ACCOUNTABILITY: This was the decision that folks were waiting for and that could shape the presidential immunity question in the Chutkan trial as well. A big development both in terms of civil liability and upcoming criminal trials,” Lisa Rubin, a legal analyst for MSNBC, wrote in a post to X, the social media platform formerly known as Twitter.
“This opinion is extremely strong; and importantly a death knell in the DC circuit for Trump’s claim of presidential immunity in the J6 criminal case,” wrote former federal prosecutor Andrew Weissman.
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