A federal judge ruled Friday that multiple lawsuits against former President Donald Trump over the Jan. 6 Capitol riot can proceed.
U.S. District Judge Amit Mehta rejected Trump’s bid to dismiss three lawsuits based on claims of presidential immunity and freedom of speech, allowing the cases to move toward a trial.
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“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, and the court believes that its decision is consistent with the purposes behind such immunity,” Mehta said in the ruling. “The President’s actions here do not relate to his duties of faithfully executing the laws, conducting foreign affairs, commanding the armed forces, or managing the Executive Branch.”
The three lawsuits against Trump were brought forth by Rep. Eric Swalwell, Jan. 6 Committee Chairman Bennie Thompson, and Capitol Police officers. The plaintiffs alleged Trump and others threatened them during his attempt to challenge the results of the 2020 election. They also blamed Trump and the other defendants for causing the riot on Jan. 6, 2021. Donald Trump Jr., Rudy Giuliani, Rep. Mo Brooks, the Oath Keepers, and Proud Boys leader Enrique Tarrio were also named in the lawsuits.
Mehta dismissed the lawsuits against Trump Jr. and Giuliani. He also indicated he would dismiss the lawsuits against Brooks, arguing all three of them engaged in speech protected by the First Amendment. He said the actions of Trump, Tarrio, and the Oath Keepers could be interpreted as a call to violence.
“President Trump’s January 6 Rally Speech was akin to telling an excited my that corn-dealers starve the poor in front of the corn-dealer’s home. He invited his supporters to Washington, D.C., after telling them for months that corrupt and spineless politicians were to blame for stealing an election from them,” Mehta said. “Dismissal of Plaintiff’s claims on First Amendment grounds is not warranted.”
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The lawsuits were filed against Trump and his allies last year and accused them of encouraging the Jan. 6 riot and sought damages. All three were filed after the Senate acquitted the former president on an impeachment charge of inciting insurrection in connection to the siege of Congress.
Brooks delivered a speech at the same Jan. 6 rally where Trump also spoke to supporters. Trump and his allies referred to the impeachment trial as a “witch hunt” and maintained he did not have an active role in instigating the violence.
Thompson did not list the specific damages he was after in his lawsuit. Swalwell, an impeachment manager, wants a court order requiring Trump and his allies in the suit to give advanced notice to authorities when they hold gatherings of over 50 individuals in Washington, D.C., CNN reported. The idea is that a warning could give him or others the opportunity to challenge such a gathering in court. Two Capitol Police Officers are seeking a minimum of $75,000 in damages in their lawsuit, according to the outlet.
As a result of Mehta’s ruling, which came in the U.S. District Court for the District of Columbia, the lawsuits will continue to an evidence-gathering phase which means that Trump, the Oath Keepers, and Tarrio could be subject to depositions. The ruling comes a day after a Manhattan judge rejected an effort from Trump’s lawyers to block New York Attorney General Letitia James from questioning the former president and two of his children in a civil investigation of the Trump Organization.
