On Friday, attorneys in a civil case stemming from the Jan. 6, 2021, attack on the U.S. Capitol argued in front of U.S. District Judge Amit Mehta over whether President Donald Trump can be sued over alleged conduct tied to the riot. Trump’s lawyers asked Mehta to dismiss civil claims by invoking presidential immunity, while lawyers for Democratic members of Congress urged the judge to reject that request and allow the case to continue.
In court, Mehta heard arguments that centered on the scope of presidential immunity and how it applies to conduct connected to Jan. 6, including remarks Trump made to supporters during the “Stop the Steal” rally near the White House. The rally preceded the attack that disrupted the joint session of Congress where lawmakers were certifying Democratic President Joe Biden’s electoral victory.
Trump’s lawyers argued that the “entire point” of immunity is to give a president “clarity to speak in the moment as the commander-in-chief,” according to Trump attorney Joshua Halpern. Halpern told the judge that immunity exists to “protect the president’s prerogatives,” arguing that the conduct at issue falls within Trump’s official role.
The plaintiffs’ lawyers, representing Democratic members of Congress who sued Trump and others, argued Trump could not meet his burden to show he acted “entirely” in his official capacity rather than as an “office-seeking private individual.” They also pointed to a U.S. Supreme Court holding they said requires separating office-seeking conduct from the immunity shield.
Plaintiffs’ attorney Joseph Sellers said, “President Trump has the burden of proof here,” and the plaintiffs “submit that he hasn’t come anywhere close to satisfying that burden.” Plaintiffs’ lawyers argued that the court must look at the context and circumstances surrounding Trump’s Jan. 6 remarks—not only the content of the words—to determine whether presidential immunity applies.
Mehta did not issue a ruling immediately after the hearing. At the end of Friday’s arguments, Mehta told attorneys that the arguments had given him “a lot to think about” and he would rule “as soon as we can.”
The civil lawsuit was filed by Rep. Bennie Thompson, a Mississippi Democrat who chaired the House Homeland Security Committee, and it named Trump, Trump’s personal attorney Rudolph Giuliani, and members of the Proud Boys and Oath Keepers extremist groups as defendants. Other Democratic members of Congress later joined the case.
The lawsuit survived Trump’s actions on the first day of his second term, when he issued a sweeping act of clemency that included pardons and commutations, and he ordered the dismissal of all 1,500-plus criminal cases stemming from the Capitol siege. The AP report also noted that over 100 police officers were injured while defending the Capitol from rioters, as the civil claims continued to move forward despite the clemency.