Former President Trump can be sued by injured Capitol Police officers and Democratic lawmakers over the Jan. 6 insurrection at the U.S. Capitol, the Justice Department said.
In the separate investigation into Trump and his allies' efforts to keep the Republican president in power, special counsel Jack Smith has subpoenaed former Vice President Mike Pence, who has said he will fight the subpoena.rejected efforts by the former president to toss out the conspiracy civil lawsuits
“Only in the most extraordinary circumstances could a court not recognize that the First Amendment protects a President’s speech,” Mehta wrote in his February 2022 ruling. “But the court believes this is that case.” The suits cite a federal civil rights law that was enacted to counter the Ku Klux Klan’s intimidation of officials. They describe in detail how Trump and others spread baseless claims of election fraud, both before and after the 2020 presidential election was declared, and charge that they helped to rile up the thousands of rioters before they stormed the Capitol.
Even if the appeals court agrees that Trump can be sued, those who brought the lawsuit still face an uphill battle. They would need to show there was more than fiery rhetoric, but a direct and intentional call for imminent violence, said Laurie Levenson, a Loyola Law School professor and former federal prosecutor.
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