Former President Donald Trump's legal team on Wednesday will attempt to convince a federal appeals court to reverse a ruling denying Trump's claim that he cannot be sued over the 2021 riot at the U.S. Capitol.
Trump has been named in three lawsuits related to the riot, two brought by Democratic House legislators and one by officers with the Capitol Police, all of which were consolidated for the appeal process.
In February, a federal judge denied Trump's attempt to claim that he is shielded from lawsuits over the incident due to the privileges afforded to the president. His legal team is set to appeal this decision in a Washington, D.C., federals appeals court on Wednesday.
"The underlying question here is simple: Is a president immune from civil liability when he or she gives a speech on a matter of public concern? The answer is undoubtedly, yes," Trump's legal team wrote in a court filing, according to CNN.
Attorneys for the legislators and officers wrote in their own filings that presidential immunity is limited, and note that "because Trump's actions, as set forth in the complaints, subverted our constitutional design — and cannot be reconciled with any plausible understanding of the presidency and its powers — Trump lacks any valid claim to immunity here."
They also say: "Immunizing Trump's conduct would weaken the presidency by diminishing the American public's ability to choose who occupies that office. Thus, immunizing Trump's conduct would warp the very constitutional structure that immunity exists to preserve."
D.C. District Court Judge Amit Mehta previously ruled that Trump's statements to his followers before the incident "is the essence of civil conspiracy," noting that Trump talked about him and his supporters moving "towards a common goal" of fighting and marching down Pennsylvania Ave.
"To deny a President immunity from civil damages is no small step. The court well understands the gravity of its decision. But the alleged facts of this case are without precedent," Mehta wrote.
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
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