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Trump shouldn't be immune from Jan. 6 lawsuits, Justice Department says

Merrick Garland's Justice Department argued Thursday that former President Donald Trump should not be immune from lawsuits regarding the Jan. 6 attack on the Capitol. Photo by Bonnie Cash/UPI
Merrick Garland's Justice Department argued Thursday that former President Donald Trump should not be immune from lawsuits regarding the Jan. 6 attack on the Capitol. Photo by Bonnie Cash/UPI | License Photo

March 2 (UPI) -- The Justice Department on Thursday said former President Donald Trump should not be immune from lawsuits against him related to the Jan. 6 attack on the U.S. Capitol.

Presidents traditionally are immune from lawsuits related to their time in office. However, the department argued that Trump's actions are not covered by immunity because his comments led to an incitement of violence.

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"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," the Justice Department told the U.S. Court of Appeals for the District of Columbia in a friend-of-the-court brief. "But that traditional function is one of public communication. It does not include incitement of imminent private violence."

The lawsuits have been brought by Democratic members of the House and Capitol police officers.

Trump's attorneys have sought to have the complaints dismissed, saying that his actions while in office are immune from lawsuits. A district court judge has denied a motion by Trump to dismiss the cases, allowing them to proceed to the appeals court.

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In the filing on Thursday, Brian Boynton, principal deputy assistant attorney general, said the Justice Department's argument should not create a new precedent.

The department added that it "does not express any view regarding the potential criminal liability of any person for the events of January 6, 2021, or acts connected with those events."

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