Former President Donald Trump can be held liable for the attack on the U.S. Capitol, DOJ says
‘s immunity claim and remand the lawsuits to lower courts to determine if he was responsible for the riot.
“Such a narrow decision would leave for further proceedings in the district court any renewed assertion of absolute immunity more narrowly focused on whether the former president’s speech actually constituted incitement,” the department lawyers wrote. The lawsuits were filed under a statute written in the 1800s in response to the Ku Klux Klan that allows for damages when force, threat or intimidation is used to prevent government officials from carrying out their duties. The pro-Trump rioters stormed the Capitol in a bid to stop the certification of President Biden’s 2020 election victory.urged his supporters to “fight like hell” to stop Congress from certifying Mr. Biden’s victory.
“Presidents may at times use strong rhetoric. And some who hear that rhetoric may overreact, or even respond with violence,” the department lawyers wrote, saying speech that could incite or produce lawlessness is not protected by the First Amendment.
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