Trump doesn't have 'presidential immunity', can be sued for Jan 6 riots, says appeals court
Story highlights
The decision could have significant ramifications as Trump prepares for the 2024 presidential elections
A US federal appeals court on Friday (Dec 1) stated that former president Donald Trump can be sued over the events of January 6, 2021, that led to the attack on the US Capitol with his supporters attempting to overturn the election.
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According to Chief Judge Sri Srinivasan who wrote the opinion, everything a president does or says while in office is not protected under presidential immunity. The judge cited several examples where Trump or, for that matter, any president was not protected from liability.
"It is not that President Trump could not establish his entitlement to immunity...it is that he has not done so," read the ruling.
The three-judge panel of the US Court of Appeals in Washington observed that when a first-term president seeks a second term, his re-election campaign is not an official presidential act.
"When a sitting president running for a second term... speaks at a campaign rally funded and organised by his re-election campaign committee, he is not carrying out the official duties of the presidency. He is acting as office-seeker, not office-holder," it added.
The opinion concluded that when the 'president' acts outside the functions of the office, he does not continue to enjoy immunity.
"When he acts in an unofficial, private capacity, he is subject to civil suits like any private citizen.”
Watch | Capitol Hill Riots probe: No end to Trump's troubles; Jan 6 panel releases witness testimony
Ramifications for Trump?
The decision by the court allows three lawsuits against Trump, brought by the Capitol Police officers and members of Congress to go through. Half a dozen other lawsuits previously filed against Trump might also emerge from dormancy.
The decision could have significant ramifications as Trump prepares for the 2024 presidential elections. He already is facing a barrage of other court cases but being tried for the insurrection attempts could have the worst possible effect on his campaign.
Last year, a US Congressional panel report held Trump responsible for the January 6 riots. The committee called for Trump to never be allowed to hold office again. To substantiate the claims, the report cited at least 200 acts where Trump and his allies attempted to overturn the presidential election.
The 800-page report was published after conducting 1,000-plus interviews and examination of a large number of documents, phone records, texts and more.
(With inputs from agencies)
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