The Department of Justice is arguing that former President Donald Trump cannot receive immunity for lawsuits related to his alleged involvement in the Jan. 6, 2021, Capitol riot.
DOJ officials wrote in a Thursday brief sent to the U.S. Court of Appeals for the District of Columbia Circuit that Trump cannot claim presidential immunity for "the incitement of imminent private violence."
"No part of a president's official responsibilities includes the incitement of imminent private violence," the court filing read. "By definition, such conduct plainly falls outside the president's constitutional and statutory duties.
"It likewise falls outside any plausible understanding of the president's traditional function of speaking to the public on matters of public concern," the DOJ continued, adding that extending his immunity "would contradict the 'constitutional heritage and structure.'"
Team Trump was quick to respond in a sharply worded statement that focused on two things: It argued that Trump had urged peaceful protest on Jan. 6, 2021, and not the sort of mayhem that later ensued at the Capitol. And it said Justice was right to interpret presidential immunity broadly and absolutely, lest presidents all be held personally liable for disasters during their administrations.
"President Trump’s speech and statements on January 6, 2021, repeatedly called for peace, patriotism, and respect for our men and women of law enforcement," the Trump statement read. "President Trump authorized up to 20,000 National Guard troops to ensure peace and safety on January 6, 2021, only to have that offer rejected by Democrats Nancy Pelosi and Washington, D.C. Mayor Muriel Bowser. The D.C. Courts should rule in favor of President Trump in short order and dismiss these frivolous lawsuits.
"The Department of Justice has rightfully agreed that presidential immunity is broad and absolute. If it were not, Joe Biden would be personally liable for the disasters in Afghanistan, our Southern Border, record drug use causing massive destruction of families and lives, and many other terrible crises that he has caused. Additionally, other Presidents throughout history would be held responsible for catastrophes they potentially may not be responsible for."
The statement concluded, "All witch hunts and hoaxes have to end!"
The brief is related to an appeal filed in July 2022 by Trump's legal team after a Washington, D.C. district court dismissed his claim to presidential immunity for three different Jan. 6-related civil lawsuits.
"President Trump is shielded by absolute presidential immunity because his statements were on matters of public concern," Trump's attorneys argued in the appeal. "No amount of hyperbole about the violence of January 6, 2021, provides a basis for this court to carve out an exception to the constitutional separation of powers."
The department's move comes parallel to its own investigations against Trump for both events related to Jan. 6 and sensitive documents obtained at the former president's Mar-a-Lago residence.
Attorney General Merrick Garland appointed special counsel John L. Smith in November to lead the Jan. 6 case. Since his selection, Smith has subpoenaed a number of Trump allies across seven states for information and to testify before a grand jury.
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