A group of U.S. Capitol Police officers was allowed by a federal appeals court to file a lawsuit against the former president because Trump is not entitled to absolute immunity despite being in the Office at the time of the January 6 riots.
The appeals court ruling
Chief Judge Sri Srinivasan and Judges Bradley Garcia and Judith Rogers cited the D.C. Circuit’s ruling from December 1 in their opinion, “Whether [President Trump’s] actions involved speech on matters of public concern bears no inherent connection to the essential distinction between official and unofficial acts.”
The case started in 2021
Seven officers who were at the scene during the Capitol riots on January 6 claimed they were attacked and assaulted due to “unlawful actions” by Donald Trump. The group’s initial filing was in the spring of 2021.
Other defendants
The Capitol officers also filed suits against far-right groups the Proud Boys and the Oath Keepers, Roger Stone, a longtime Trump ally, and others. Trump tried to stop the filing, citing presidential immunity.
The explanation
U.S. District Judge Amit Mehta, who ruled in 2022 that Trump is not immune to civil lawsuits, explained that Trump’s statements on January 6 were not part of his duty. The Judge added how Trump’s words were “an implicit call for imminent violence or lawlessness.” not covered by presidential immunity or the First Amendment.
Campaigning is not part of presidential duty
Chief Judge Sri Srinivasan argued, “When a first-term president opts to seek a second term, his campaign to win re-election is not an official presidential act.” He continued, “The Office of the Presidency as an institution is agnostic about who will occupy it next. And campaigning to gain that Office is not an official act of the Office.”
It is still not over
Trump tried to dismiss this and several similar lawsuits, and despite the latest ruling, he can ask for a review, which could lead all the way to the U.S. Supreme Court. The former president also cited presidential immunity in the D.C. case over alleged attempts to overturn the 2020 elections, and arguments are set to be heard on January 9.
Democratic lawmakers also sued Trump
Among those who filed lawsuits against the former president’s alleged actions on January 6 are Officer Sidney Hemby, Democratic Representative Eric Swalwell, and 10 House Democrats, including Representatives Jerry Nadler and Maxine Waters.
Evacuation of 100 senators and Mike Pence
One of the officers who is part of the group lawsuit, Byron Evans, shared on CNN what happened to him during the riots. He was inside the locked Senate chamber with 100 senators and then-Vice President Mike Pence.
The break-in
Evans said, “I went to my sergeant and told him I think we need to lock down the chamber,” adding, “As I’m having that conversation with him, another officer comes up, Eugene Goodman, and he tells us, ‘Y’all, they are in the building.'”
Evans felt anger
Upon seeing what was happening, Evans, who served as Capitol officer for 16 years, stated, “You just feel a personal connection to something that you protect every single day, and then to see the, on the floor, just doing whatever they wanted to do, doing things that no one is allowed to do, so, so cavalier – it definitely made you angry,”
The aftermath
Evans and his colleague, Police Sgt. Aquilino Gonell shared the aftermath of the January 6 riots. Gonell was beaten, sprayed, and, in some moments, thought he was going to die. He came home at 3 am with bloody hands, pepper spray everywhere, cuts, and the chemical spray soaking through his skin.
The impact
“My shoulder hurts, my mental, physical – it’s been straining,” said the officer, adding, “It’s inconceivable that they don’t even want to find out how to prevent this in the future..”
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