Donald Trump Is Once Again In Court Arguing He Can’t Be Sued For What He Said While President

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Donald Trump Is Once Again In Court Arguing He Can’t Be Sued For What He Said While President
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Trump wants a judge to dismiss three lawsuits seeking to hold him responsible for the Jan. 6 insurrection.

Former president Donald Trump at the rally on Jan. 6, 2021, in Washington, DC.

US District Judge Amit Mehta asked questions that suggested he was at a minimum skeptical of Trump’s sweeping argument that he was immune against being sued for nearly anything he’d said during his four years as president. But Mehta also said during the hearing that he was struggling with whether the core conspiracy claim could go forward based on the facts laid out in the lawsuits, and whether comments by Trump and some of his other high-profile supporters on Jan.

A ruling from Mehta won't end the legal wrangling over Trump’s civil liability for the insurrection. If Trump fails to convince Mehta to toss these first three cases, he could ask an appeals court and potentially the US Supreme Court to intervene. If Trump succeeds at this stage, the plaintiffs could appeal.

Mehta pushed back, pointing out that the lawsuits alleged that Trump had appeared at the Jan. 6 rally to advance his personal interests as a candidate for office. The judge asked Binnall why that wouldn’t place Trump outside the immunity that’s meant to protect a president against being sued for actions that were part of their official duties. Binnall argued that there was too much overlap between a president’s duties and political motivations to try to draw a clear line.

The judge then asked if there was anything a president could say while they were in office that they could be sued for. Binnall said he’d tried to think of examples and could not. Sellers said that the law didn’t require them to show direct communication among all of the defendants, and he pointed out that they had presented facts that alleged coordination between two right-wing groups named in one of the cases, the Oath Keepers and the Proud Boys. Mehta acknowledged that was true, but noted that the plaintiffs would likely be disappointed if he allowed the conspiracy claims against those groups to go forward but dismissed them against Trump.

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