December 1, 2023
The ruling by the U.S. Circuit Court of Appeals for Washington, D.C. allows a number of pending lawsuits against the former president to proceed.
A federal appeals court on Friday rejected former President Donald Trump’s bid to dismiss civil claims seeking to hold him to account for the Jan. 6 riot, 2021 at the U.S. Capitol, denying his claims of presidential immunity, at least for now.
“The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints. We answer no, at least at this stage of the proceedings,” a panel of judges from the U.S. Circuit Court of Appeals for Washington, D.C. said in its ruling.
The three judges noted that Trump is alleged to have instigated the riot during the course of his re-election campaign, and said, “When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act.”
The ruling allows a large number of lawsuits seeking to hold Trump accountable for the deadly riot to move forward. The cases had all been stayed while the appeals court weighed the immunity issue, which they said would have to be revisited in the lower courts.
“In the proceedings ahead in the district court, President Trump will have the opportunity to show that his alleged actions in the runup to and on January 6 were taken in his official capacity as President rather than in his unofficial capacity as presidential candidate,” the ruling said.
The ruling also suggested he might have an uphill climb.
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Joe Sellers, a co-counsel for the NAACP and other plaintiffs in a separate civil suit against Trump, called the ruling “momentous not only for our clients but for all Americans. Today’s victory brings us a crucial step closer to holding the former president accountable for the harm brought on members of Congress and on our democracy itself. We look forward to continuing our pursuit of justice through the courts.”