Former US President Donald Trump cannot invoke presidential immunity to avert civil lawsuits related to the Jan. 6 Capitol riots. A federal judge decided on Monday, reports the news agency Bloomberg.
Trump had argued that he was “absolutely immune” to claims for damages for actions that were “outside the scope” of his official duties as president and that his post-election activities in 2020 had been efforts to protect and defend the Constitution.
But Emmet Sullivan, a federal judge at the United States District Court in Washington, agreed with the plaintiffs – the National Association for the Advancement of Colored People (NAACP), one of the oldest and most influential Black civil rights organizations in the United States, as well as Michigan voters and attorneys – admitted that Trump’s behavior was “purely political,” according to the ruling.
“If former President Trump interfered with the confirmation of the voter count, as plaintiffs here allege, such action would not constitute executive action to protect the Constitution,” Sullivan said. “For these reasons, the court concludes that former President Trump is not immune from damages.”
The judge granted a motion by the plaintiffs, an amended lawsuit against Trump and the Republican National Committee (RNC) to file but has yet to determine whether they can be held liable for civil rights violations.
Trump’s attorney Jesse Binnall and RNC attorney David Warrington, who is also representing Trump in his Jan. 6 lawsuit challenging a subpoena from the congressional committee, have not responded to requests for comment.
Trump also faces a lawsuit over the Capitol storm
It is the latest decision of its kind against Trump’s claims of immunity. In February, US District Judge Amit Mehta ruled that Trump must face a lawsuit aimed at finding the former president legally responsible for the violence and riots at the US Capitol on January 6, 2021, when Congress was in session to confirm President Joe Biden’s victory.
However, the case Sullivan now had to judge predates the January 6 attack. The plaintiffs allege that Trump and the RNC violated the federal Voting Rights Act (Voting Rights Act) and violating the so-called Ku Klux Klan law by disenfranchising voters, intimidating election officials and disqualifying lawfully cast votes.
However, Sullivan previously had the lawsuit after the Voting Rights Act dismissed because the plaintiffs failed to show that the damages alleged by Trump and the RNC are ongoing. Plaintiffs are now asking that an updated lawsuit be filed detailing Trump’s continued efforts to undermine the 2020 election results and “interfere with upcoming elections.” Judge Sullivan allowed it.