Appeals Court: Trump Can Be Sued for Jan. 6

Facts

• A federal appeals court panel on Friday rejected former Pres. Donald Trump’s request to have presidential immunity in civil lawsuits regarding the Jan. 6, 2021, protests at the US Capitol. The decision means that Trump can face civil lawsuits over allegations he incited a riot after the 2020 election.¹
• The three-judge panel from the DC Circuit Court of Appeals voted unanimously to affirm a lower court ruling that said Trump couldn't have civil cases related to Jan. 6 thrown out on the grounds of presidential immunity.²
• The appellate court’s Chief Judge, Sri Srinivasan, said that the Capitol Police officers and Democratic members of Congress can sue Trump for civil damages related to “harms they allege they suffered arising from the riot.”³
• Trump’s team argues that Trump is protected from prosecution since he was president when he delivered remarks in the lead-up to Jan. 6. However, the panel said that Trump was acting as a candidate and not carrying out his presidential duties when speaking about the election.⁴
• The decision doesn't touch on the merits of the cases against Trump, but only whether or not the former president can be sued for his actions related to Jan. 6. Trump faces two lawsuits from Democratic House members and one from Capitol police officers.²
• The decision is consequential regarding what is considered protected presidential speech and what a president may be liable for. Judge Greg Katsas wrote in his concurring opinion that the decision “is flexible enough to accommodate rare cases where even speech made during a campaign event may be official.”⁵

Sources: ¹CNBC, ²Forbes, ³FOX News, ⁴The Hill and ⁵CNN.

Narratives

• Anti-Trump narrative, as provided by NPR Online News. Donald Trump cannot hide behind some flawed argument of presidential immunity when it comes to his incitement of the Jan. 6, 2021, insurrection. Thankfully, the court recognized that he wasn't acting out his presidential duties when he tried to overturn the results of the 2020 presidential election. Trump can and must be held accountable for his attempt to undermine American democracy, and this ruling is a positive step toward achieving this.
• Pro-Trump narrative, as provided by Daily Caller. The political persecution of Donald Trump continues, and it's now uprooting fundamental principles of American law. The DC Appellate Court’s decision to remove his presidential immunity opens up a can of worms that could forever alter what politicians are and are not liable for when it comes to legal proceedings. Of course, this will likely be a one-way street against Republicans, but it's interesting to see some fair-minded liberals call out the consequences of this legal assault.

Predictions