Washington: Donald Trump, the US president-elect, is set to apply for immunity in a lawsuit filed by seven police officers injured during the January 6 Capitol riot, according to a lawyer representing the plaintiffs, Newsweek reported.
Edward Caspar, the lead attorney in the Smith v. Trump case, said that Trump will seek presidential immunity later this month. The federal District Court for the District of Columbia will need to decide if Trump is protected from civil liability for allegedly inciting supporters to storm the Capitol, a claim Trump denies.
Controversy over presidential immunity
The case could provide huge insights into the events of January 6, when Trump supporters breached the Capitol to disrupt the certification of Joe Biden’s election victory. It also raises crucial questions about the scope of presidential immunity from civil suits.
In August 2021, seven Capitol police officers filed a lawsuit against Trump and members of far-right groups, blaming them for the injuries sustained during the riot. The lawsuit, named Conrad Smith and others v. Trump, accuses Trump of promoting the false claim that the 2020 election was stolen and urging his supporters to storm the Capitol during the certification process.
Trump seeks immunity
Trump has refuted any accusations of wrongdoing in court documents. He maintains that he only advocated for peaceful protests. Plaintiff attorneys informed Newsweek that Trump’s immunity request is expected to be filed in January. The Supreme Court recently addressed presidential immunity in criminal cases, but its stance on civil immunity remains uncertain, particularly in matters involving potential free speech issues related to a president. Trump’s inauguration is scheduled for January 20.
The lawsuit is being pursued under a post-Civil War statute aimed at curbing Ku Klux Klan intimidation tactics. Caspar, Acting Co-Chief Counsel at The Lawyers’ Committee for Civil Rights Under Law, revealed that discovery on the immunity issue ended on December 4 and the court has ordered both parties to submit briefs, with Trump’s due on January 24 and the plaintiffs’ on February 28.
Riot lawsuit seeks justice
The Lawyers’ Committee for Civil Rights Under Law is a civil rights advocacy group. It says the Capitol riot was an attempt to undermine the voting rights of African Americans and others. Caspar said that it is important of the lawsuit in seeking justice for those affected by the attack. While the court addresses Trump’s immunity, the case against other defendants, including Trump’s 2020 campaign and members of groups like the Proud Boys and The Oath Keepers, will proceed, with discovery continuing until July 2025.
