Former President Donald Trump can be sued by injured Capitol Police officers and Democratic lawmakers over the Jan. 6 insurrection, the Justice Department said in a federal court case testing Trump’s legal vulnerability and the limits of executive power.
In this Jan. 6, 2021, file photo, President Donald Trump speaks during a rally protesting the electoral college certification of Joe Biden as President in Washington.
The brief was filed by lawyers of the Justice Department’s Civil Division and has no bearing on a separate criminal investigation by a department special counsel into whether Trump can be criminally charged over efforts to undo Democrat Joe Biden’s victory in the 2020 presidential election ahead of the Capitol riot. In fact, the lawyers note that they are not taking a position with respect to potential criminal liability for Trump or anyone else.
The Justice Department cautioned that the “court must take care not to adopt rules that would unduly chill legitimate presidential communication” or saddle a president with meritless lawsuits. Trump is appealing a decision by a federal judge in Washington, who last year rejected efforts by the former president to toss out the conspiracy civil lawsuits filed by lawmakers and two Capitol police officers. U.S. District Judge Amit Mehta ruled that Trump’s words during a rally before the violent storming of the U.S. Capitol were likely “words of incitement not protected by the First Amendment.
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