The US Department of Justice has decided that the 45th President Donald Trump can be prosecuted in court in one of the lawsuits related to the storming of the Capitol on January 6, 2021. This is the first such decision of the department.
It is reported The Washington Post.
What is known about the lawsuit
Two Capitol Police officers, joined by 11 Democratic members of the House of Representatives, are seeking to hold Trump accountable for the physical and psychological injuries they suffered during the riots.
The lawsuit was filed on the basis of a law passed after the American Civil War, which allows for damages if public officials are prevented from performing their duties by force, threats or intimidation.
Trump argued that he was protected from the lawsuit by the immunity granted to the president of the United States in the performance of his official duties. It is worth noting that on January 6, 2021, he called on his supporters to “fight like hell” to prevent Congress from approving the results of the presidential election.
The district court that first heard the lawsuit ruled that the First Amendment to the US Constitution could not justify Trump’s behavior. In December 2022, the appeals court asked the US Department of Justice to express its opinion.
The department’s response, which was received only on Thursday, states that speech “intended to incite imminent unlawful acts” or “capable of inciting such acts” is not protected by the First Amendment to the US Constitution.
As the lawsuit is still at a preliminary stage, the US Department of Justice emphasized in its response that it did not assess the veracity of the claim that Trump incited the uprising on January 6, 2021. Instead, wording was used that the lawsuit “plausibly” describes behavior that goes beyond the limits of presidential authority.
Other lawsuits against Trump
This lawsuit against Trump, related to the storming of the Capitol, is not the only one. Therefore, the decision of the Ministry of Justice can lay the groundwork for bringing the 45th president of the United States to justice in similar cases, where the court must determine the limits of the application of the first amendment to his words.
At the same time, there is also no question of criminal prosecution of the kind called for in their report by the members of the “special committee on January 6” of the House of Representatives – the US Department of Justice has not yet issued a statement on this issue, but in theory it may initiate criminal prosecution due to the efforts of the 45th president cancel the results of the 2020 race.
It will be recalled that at the beginning of January it became known that a lawsuit was filed against former US President Donald Trump. He is wanted in connection with the death of police officer Brian Siknik during the storming of the Capitol on January 6, 2021.
