Trump Is Not Immune From Lawsuits Over Jan. 6: Federal Court

Published on December 1, 2023

Former President Donald Trump is not immune to lawsuits over the Jan. 6, 2021, breach of the U.S. Capitol, a federal appeals court ruled on Dec. 1. President Trump has not proven that he has presidential immunity from suits regarding his actions leading up to and on Jan. 6, the court said. The ruling was largely based on the determination that President Trump’s campaign for another term was not an official presidential act, so did not fall under presidential immunity. “In arguing that he is entitled to official-act immunity in the cases before us, President Trump does not dispute that he engaged in his alleged actions up to and on January 6 in his capacity as a candidate. But he thinks that does not matter. Rather, in his view, a president’s speech on matters of public concern is invariably an official function, and he was engaged in that function when he spoke at the January 6 rally and in the leadup to that day. We cannot accept that rationale,” U.S. Circuit Judge Sri Srinivasan, appointed under former President Barack Obama, wrote for the majority....