The Justice Department took months to decide whether former president Donald Trump is subject to lawsuits seeking to hold him responsible for the attack on the Capitol. He is, the department announced Thursday. The issue is Trump's encouragement of his supporters—based on his claims of election fraud—to go to Washington on Jan. 6, 2021, and "fight like hell" to block the congressional certification of President Biden's victory, the Washington Post reports. Trump contends he was protected by absolute immunity while doing his presidential duties. An appeals court wrestling with whether Trump's actions were part of his job asked the Justice Department to weigh in.
Addressing the nation about issues has always been a presidential task, the government lawyers wrote. "But that traditional function is one of public communication," the brief says. "It does not include incitement of imminent private violence." Among the suits Trump faces is one by two Capitol Police officers attempting to hold the former president liable for the injuries they suffered during the attack. The department doesn't express an opinion on whether Trump is civilly or criminally liable, per NBC News. But the brief calls on the appeals court to reject the immunity claim and send the cases back to a lower court to handle. Twice during this process, the Justice Department requested another month to think about it. (More Capitol riot stories.)
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