A federal appeals court in Washington, D.C., found former President Donald Trump is not immune from lawsuits brought by U.S. Capitol Police officers involved in the Jan. 6 riot, following a similar ruling earlier this month.
A three-judge panel for the U.S. Court of Appeals on Friday found that Capitol Police veteran Conrad P. Smith can hold Trump civilly liable for the actions of the mob that rioted at the Capitol in 2021, affirming a similar decision by the court on Dec. 1.
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“In Blassingame v. Trump … this court held that former President Donald J. Trump had failed to demonstrate, at the motion-to-dismiss stage, that he was entitled to absolute presidential immunity from certain civil damages claims against him,” according to the brief decision.
“This case is indistinguishable from Blassingame in all relevant respects,” the panel added.
The decision on Friday was made by Judges Sri Srinivasan, Judith Rogers, and Gregory Katsas. Srinivasan was an Obama appointee and Rogers was named by Bill Clinton, while Katsas was elevated by Trump. The same panel weighed the Blassingame case earlier this month.
Trump’s lawyers filed an appeal in August 2022 with the Court of Appeals, arguing a lower court “erred when it held that President Trump’s speech on matters of public concern was not within the scope of his absolute presidential immunity.” But the panel has held that Trump’s immunity arguments were ultimately unpersuasive.
The former president’s disputes between multiple officers seeking to hold him liable for the riot could still work its way up to the Supreme Court. The same appeals court is currently preparing for Jan. 9 oral arguments on whether Trump can claim presidential immunity to thwart his four-count indictment for a conspiracy to undo the results of the 2020 election. The high court is likely to have the final say over his immunity claims in that matter as well.
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Smith is just one of several law enforcement officers who have sought to hold Trump civilly liable for the Capitol riot. There is at least one similar outstanding lawsuit brought by a Capitol Police officer related to the riot that is awaiting a determination.
Read the decision here:
