December 19, 2025
Attorneys for President Donald Trump urged a federal judge to rule that Trump is entitled to presidential immunity from civil claims that he instigated a mob’s attack on the U.S. Capitol to stop Congress from certifying the results of the 2020 election.
The lawmakers’ lawyers argue Trump can’t prove he was acting entirely in his official capacity rather than as an office-seeking private individual. And the U.S. Supreme Court has held that office-seeking conduct falls outside the scope of presidential immunity, they contend.
“President Trump has the burden of proof here,” said plaintiffs’ attorney Joseph Sellers. “We submit that he hasn’t come anywhere close to satisfying that burden.”
U.S. District Judge Amit Mehta didn’t rule from the bench after hearing arguments from Trump attorneys and lawyers for Democratic members of Congress who sued the Republican president and allies over the Jan. 6. 2021, attack. At the end of the hearing, Mehta said the arguments gave him “a lot to think about” and he would rule “as soon as we can.”
Rep. Bennie Thompson, a Mississippi Democrat who chaired the House Homeland Security Committee, sued Trump, his personal attorney Rudolph Giuliani and members of the Proud Boys and Oath Keepers extremist groups over the Jan. 6 riot. Other Democratic members of Congress later joined the litigation.
Read Federal Judge Weighs Trump’s Claim He is Immune from Civil Litigation Over Capitol Attack.