WASHINGTON – Former President Donald Trump’s legal battles related to the January 6 attack on the Capitol are moving forward after he chose not to take his immunity claim to the Supreme Court. Trump had until Thursday to file a petition at the Supreme Court challenging an appeals court decision from December that rejected his immunity arguments, but he did not do so. This means that lawsuits seeking to hold Trump personally accountable for his role in the Capitol attack can proceed.
The appeals court made it clear that Trump could still claim immunity later in the proceedings in three cases brought by Capitol Police officers and members of Congress. Trump’s lawyers had argued that any actions he took on Jan. 6 fall under the scope of his responsibilities as president, granting him immunity from civil liability. However, the U.S. Circuit Court of Appeals for the District of Columbia rejected that argument, ruling that Trump was acting in his role as a political candidate running for office, not as president.
The civil lawsuits against Trump are separate from the criminal case against him that also arose from Jan. 6. In rejecting Trump’s immunity claim in the criminal case, a different panel of judges in the same appeals court did not directly address whether Trump’s actions were official acts. The court assumed they likely were official acts and found that, even then, Trump could not claim immunity. Trump’s spokesman, Steven Cheung, stated that the former president will continue to fight for presidential immunity. The lead plaintiff in the civil immunity case is James Blassingame, a Capitol Police officer who was injured in the Jan. 6 riot.
The legal arguments being made by Trump are similar to those he is making in his criminal case as he seeks to prevent a trial from taking place before the November election. Despite the legal hurdles, Trump continues to argue in favor of immunity, and the civil lawsuits against him are proceeding. The outcome of these legal battles holds implications for the accountability of political leaders and the consequences of their actions while in office.