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Former President Donald Trump lost a bid Friday to toss lawsuits holding him responsible for inciting the Jan. 6, 2021, attack on the US Capitol.
Federal Judge Amit Mehta rejected Trump’s attempt to dismiss the civil cases with a claim that he has absolute immunity because he was in office at the time.
“To deny a President immunity from civil damages is no small step,” Mehta wrote in a 112-page ruling. “The court well understands the gravity of its decision. But the alleged facts of this case are without precedent, and the court believes that its decision is consistent with the purposes behind such immunity.”
Mehta, a U.S. District Court judge in Washington, DC, and appointed by former President Barack Obama, ruled that Trump could be sued for helping to incite the Capitol riot because his “Stop the Steal” speech ahead of the attack in the city was not an official presidential act.
“After all, the President’s actions here do not relate to his duties of faithfully executing the laws, conducting foreign affairs, commanding the armed forces, or managing the Executive Branch,” Mehta wrote in the opinion. “They entirely concern his efforts to remain in office for a second term. These are unofficial acts, so the separation-of-powers concerns that justify the President’s broad immunity are not present here.”
Mehta made the ruling on the lawsuits, brought by US Capitol Police officers and Democratic House members claiming he should be held liable for damage done during the riot.
If the ruling stands, Trump and his allies could be deposed and are subject to discovery demands according to the outlet.
The lawsuits were filed under the Ku Klux Klan Act of 1871, a civil rights law that prohibits conspiracies against the federal government or strip people of their rights.
Mehta dismissed the cases against Trump’s lawyer and former New York City mayor Rudy Giuliani, who plaintiffs alleged had participated in the conspiracy.
A lawyer for Trump declined to comment.
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