In a significant blow to former President Trump, a federal appeals court has ruled unanimously that Trump can be sued for claims he incited violence at the U.S. Capitol on Jan. 6, 2021.
The court ruled that seeking a second term in office does not grant Trump presidential immunity. The judges rejected the notion that Trump’s desire to continue governing falls under official presidential duties. They also found his statements and actions on the day of the riot were made as a presidential candidate, not in his official capacity as president.
The ruling allows lawsuits seeking financial damages from the former president and current GOP front-runner.
Friday’s decision stems from a 2021 lawsuit against Trump by two U.S. Capitol police officers and Democratic lawmakers, alleging that he incited the Jan. 6 violence by falsely claiming election fraud and urging supporters to go to the Capitol.
The Hill continues:
The appellate court was asked to decide whether Trump’s false claims of election fraud and rallying cry for supporters to gather at the Capitol and “fight like hell” was outside his presidential responsibilities, meaning he could be held liable for it under U.S. Supreme Court precedent.
A three-judge panel affirmed unanimously that Trump’s post-election efforts to subvert the 2020 election results were done in his capacity as a presidential candidate — not a president.
“When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act,” Chief Judge Sri Srinivasan noted in the court’s opinion.
“The President…does not spend every minute of every day exercising official responsibilities,” Srinivasan continued. “And when he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the President.”
The appeals panel noted that Trump himself recognized his campaign to win re-election was in his personal capacity, citing a motion Trump filed “in his personal capacity as candidate for reelection to the office of President” with the Supreme Court when challenging election administration in several battleground states.
Presidents can carry out their official duties without exposure to civil liabilities, but when they are not acting in that capacity, the protection doesn’t carry over, the panel ruled.
The ruling will likely impact other cases in which Trump is asserting presidential immunity, though Trump is all but certain to appeal.
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