
Justice Department: Trump isn't automatically immune from lawsuits related to Jan. 6 riots
Justice Department urges appeals court to reject Trump's claim that he is automatically immune from lawsuits related to the US Capitol riots.

The US Justice Department on Thursday urged an appeals court to reject former President Donald Trump's claim that he is automatically immune from lawsuits related to the US Capitol riots on Jan. 6, 2021.
The US Court of Appeals for the District of Columbia Circuit had asked for the Justice Department's view as it weighs whether to allow civil lawsuits against Trump over the riot, reported Reuters.
Trump has argued that he was acting in his official capacity as president when he addressed a crowd of supporters before the Capitol riots.
The US Supreme Court held in 1982 that presidents cannot be sued over their official acts, but US District Judge Amit Mehta ruled last February that Trump's fiery speech on Jan. 6 did not fall within his official scope of duties, allowing the lawsuits to move forward. Trump is appealing that ruling.
The Justice Department said in Thursday's filing that it was not taking a stance on whether Trump's speech encouraged the Capitol riots, but told the court that "incitement of imminent private violence" would not fall within the scope of a president's official duties.
Patrick Malone, a lawyer for two Capitol police officers suing Trump, said they were "pleased" that the Justice Department asked the appeals court to uphold the earlier ruling on Trump's immunity.
A Trump spokesperson said, according to Reuters, that the courts "should rule in favor of President Trump in short order and dismiss these frivolous lawsuits."
The Capitol riots have already been probed by a House select committee, which released its final report in December.
Jack Smith, the special counsel appointed by Attorney General Merrick Garland, is also probing the Capitol riots.
Smith recently subpoenaed former Vice President Mike Pence, who stated that he was willing to fight the subpoena all the way to the Supreme Court.
Trump's son-in-law, Jared Kushner, and daughter, Ivanka Trump, have also been subpoenaed by Smith.