The US Justice Department in a court filing on Thursday said that former president Donald Trump can be sued by police officials and others injured in the January 6 assault. The department in an official legal opinion said that although the president has absolute immunity for his official acts in office, but can be sued for his actions outside his official duties.
News agency AFP reported that the opinion was submitted after a request from the court, which is currently hearing a suit filed by two police officials and 11 lawmakers claiming to be injured during the Capitol attack.
Trump claimed protection from being sued by his absolute immunity, who was charged along with other key actors, for inciting the attack, which took place two weeks before he was to leave the White House.
According to the Justice Department, the former president claimed immunity as his pronouncements up to and during the attack qualified to “speech on matters of public concern,” which is under his official duties, even if the speech prompted the violence.
It suggested that the court should reject Trump’s categorial argument. “As the nation’s leader and head of state, the president has ‘an extraordinary power to speak to his fellow citizens and on their behalf.'”
“But that traditional function is one of public communication and persuasion, not incitement of imminent private violence,” it added.
The department also said that a president’s speech running for office does not have blanket protections and Trump’s support on Jan 06, falls under this category.
The department clarified that it’s not commenting on whether Trump did or did not incite violence, but is only trying to indicate that doing so should not be covered by his presidential immunity.
(with inputs from agencies)
