Photo edit of Donald Trump at a MAGA presidential rally. Credit: Alexander J. Williams III/Popacta.
Photo edit of Donald Trump at a MAGA presidential rally. Credit: Alexander J. Williams III/Popacta.

According to a court filing on Thursday, the Department of Justice has determined that former President Donald Trump can be sued by two U.S. Capitol Police officers for his alleged role in the Jan. 6, 2021, Capitol riot. Attorneys for the DOJ’s civil division argued in front of a federal appeals court in Washington, D.C., that Trump’s claim of “always” being immune from civil suits based on his public remarks is “categorical” and should be rejected. They clarified that the traditional function of a U.S. President’s office is to communicate with the public on matters of public concern and not to incite imminent private violence, as alleged by the plaintiffs in this case.

DOJ attorneys wrote:

“Speaking to the public on matters of public concern is a traditional function of the Presidency, and the outer perimeter of the President’s Office includes a vast realm of such speech,”

“But that traditional function is one of public communication. It does not include incitement of imminent private violence of the sort the district court found that plaintiffs’ complaints have plausibly alleged here.”

Trump attempted to dismiss the civil lawsuits brought by the two police officers and members of Congress but was unsuccessful. The judge ruled that Trump’s speech on Jan. 6, urging his supporters to “fight like hell” and directing them towards the Capitol, could be seen as “a call for collective action.” Trump appealed, and after hearing arguments in December, the appellate judges asked the DOJ to weigh in on the matter.

It is highly improbable that Trump intended to incite physical violence when he urged his supporters to “fight like hell,” as he is known for his straightforward communication style that often does not mince words. Nevertheless, the DOJ seems to be trying various legal strategies to hold Trump accountable, likely in an attempt to impede his 2024 Presidential campaign.

The Justice Department attorneys determined in their 32-page brief filed on Thursday that the district court was correct in rejecting Trump’s claim of absolute immunity when speaking “on a matter of public concern.” However, they emphasized that the DOJ did not express an opinion on whether Trump’s speech incited the Capitol riot. They cited legal precedent, stating that while the President should have “broad latitude” to speak, they should not be immune from “incitement of imminent private violence” to protect the public interest. Trump was impeached in the House on the charge of “incitement of insurrection” but was acquitted in the Senate.



Comments

  1. Maybe the DOJ should have a look at the 41000 hours that the J6 Committee would not allow to be viewed. Seems to me there undercover FBI CIA and others in the group. Looks like they were the ones behind the whole thing. Not to mention it was the Speaker of the House JOB to make SURE the Capital was safe. Just another DEM bulb not doing their STINKING JOB.

  2. Well, Mr. Kennedy, some never did. Garland and Wray are two examples of egg hatching slimey lizards. I guess there really is nothing to the J6 BS. So now the DoJ wants the public to do what they can’t. Sue over nothing.

  3. If the President can be sued for his “comments” on Jan 6, then the Speaker of the House, the Sgt of Arms for the Capital, and all the other political hacks who failed to take action after being warned of potential problems. The political hacks were warned and failed to take reasonable precautions and provide reasonable resources and equipment. It’s a slippery slope folks. If the DOJ pushes this through then every person who makes a public statement can be brought into litigation. Politicians, news commentators, everybody.

  4. The DOJ has no business sticking their nose in on this legal case. They aren’t the lawyers for these two capital police officers. That is how corrupt the DOJ has become. Taking action time and time again where that have no jurisdiction, or no federal crime they are investigating. They abuse their power by going after people that don’t follow their leftist propaganda.

  5. So, the judge says it could be a “Call to action”? If that is going to be the standard, then Mad Maxine could be sued several times over.

  6. I believe that Biden was not sworn in yet. That makes Trump still President and immune from a civil suit.

  7. Tell the OBieden’s DOJ to take their bogus excuses for indictment and shove them up their ass.

  8. I happened to watch most of that on TV, and Trump didn’t incite anyone to anything, in fact he cautioned everyone to be civil and not cause problems. This is the Dems using the BIG LIE. they are very experienced with this method, they practice it all the time.

  9. all democrats are a commie marxist fascist racist woke pedophile cult donkey holes out to destroy America for the stipends they get from china –follow the china money!

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