Trump has tried to argue that he cannot be sued for his January 6 speech because it was part of his presidential duties. The DOJ have disagreed, “No part of a president’s official responsibilities includes the incitement of imminent private violence.”
, where they violently breached the building and disrupted the certification process of the Electoral College.
The statement from the DOJ is the first time the department has addressed the question of Trump’s legal immunity claims.. The statement wrongly characterized his speech as peaceful and claimed that it could not be the basis of a lawsuit relating to the attack because Trump was president at the time. “The D.C. Courts should rule in favor of President Trump in short order and dismiss these frivolous lawsuits,”But even if Trump were acting in his presidential capacity, the standard he claims he’s protected by does not allow any president to behave in such a manner, the department said.
“[A]ctual incitement would be unprotected by absolute immunity even if it came in the context of a speech on matters of public concern,”Several legal experts have noted that the DOJ’s filing will likely have consequences beyond holding Trump accountable in civil lawsuits, and could influence possible future criminal cases against him.
The DOJ’s opinion has a significant “bearing on both the upcoming Georgia indictment of Mr. Trump and Special Counsel Jack Smith’s likely indictments as well,”
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