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US appeals court says Trump must face lawsuits over US Capitol attack

The court rejects the former president's claim that he is immune to the lawsuits

Published: Fri 1 Dec 2023, 8:46 PM

Updated: Fri 1 Dec 2023, 8:49 PM

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  • Reuters

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Donald Trump. - AP file

Donald Trump. - AP file

A US appeals court on Friday ruled that Donald Trump must face civil lawsuits over his role in the January 6, 2021, attack on the Capitol by his supporters, rejecting the former president's claim that he is immune.

The a panel of the US Court of Appeals for the District of Columbia Circuit found that Trump was acting "in his personal capacity as a presidential candidate" when he urged his supporters to march to the Capitol. US presidents are immune from civil lawsuits only for official actions.

The ruling clears the way for Trump to face lawsuits from police officers and US lawmakers seeking to hold Trump responsible for the violence by his supporters during the riot, which was an attempt to overturn his 2020 election defeat.

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Trump is currently the frontrunner for the Republican nomination to challenge Democratic President Joe Biden in the 2024 election.

The unanimous decision focused only on whether Trump could be sued, and said nothing about the merits of the cases themselves.

Trump argued that his speech exhorting his followers to "fight like hell" against the certification of the election was related to a "matter of public concern" and fell within his official responsibilities. A Trump spokesperson did not immediately respond to a request for comment on Friday.

Trump has made a similar immunity argument in the federal criminal case accusing him of illegally conspiring to overturn the results of the 2020 election. A judge has not yet ruled on the issue in that case.

While the ruling on Friday explicitly stated it was not weighing in on Trump's possible criminal immunity, both cases involve Trump's conduct before and during the Capitol riot.

In their lawsuit, Capitol Police officers James Blassingame and Sidney Hemby accused Trump of being responsible for physical and emotional injuries they suffered as a result of the Capitol attack.

“Today’s ruling makes clear that those who endanger our democracy and the lives of those sworn to defend it will be held to account,” Patrick Malone, a lawyer for the officers, said in a statement.

Two lawsuits were filed by House Democrats, one by 10 lawmakers including Representatives Jerry Nadler and Maxine Waters and the other by Representative Eric Swalwell. (



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