Trump can be sued for Jan. 6 riot, Justice Department says

WASHINGTON— Donald Trump isn’t automatically shielded from civil lawsuits seeking to hold him accountable for the Jan. 6, 2021, attack on the Capitol, the Justice Department argued Thursday, declining to back the former president’s claims of “absolute immunity” from allegations he sparked the violence that disrupted the peaceful transfer of power.

While expressing no view on the truth of the allegations, the Justice Department urged a three-judge appeals-court panel to reject the former president’s immunity claims in lawsuits brought by Capitol police officers and Democratic lawmakers that say he incited his supporters to storm the Capitol.

A lower-court judge previously dismissed Mr. Trump’s immunity claims, ruling that the plaintiffs had plausibly alleged that the then-president’s fiery rhetoric during a Jan. 6, 2021, speech galvanized his supporters to violently oppose the certification of the 2020 election results.

In a 32-page court filing, the department broadly argued that the incitement of violence falls outside the scope of a president’s duties. “In the United States’ view, such incitement of imminent private violence would not be within the outer perimeter of the office of the president of the United States,” Justice Department lawyers said.
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