The Justice Department said Donald Trump is not entitled to absolute immunity against civil lawsuits seeking to hold him liable for the attack on the U.S. Capitol on Jan. 6, 2021.
The Justice Department said Thursday that Donald Trump is not entitled to absolute immunity against civil lawsuits seeking to hold him liable for the attack onGovernment lawyers agreed with Trump that presidents are entitled to robust protections against being sued over their official duties. But in a newly filed court brief, they disagreed that the allegations in the Jan.
The position risks legal complications and political blowback. The government has been pulled into litigation over Trump’s role in Jan. 6 while a federal criminal investigation is underway. The department historically embraced a broad interpretation of the constitutional separation of powers that protects a current or former president from being sued over official acts, so taking a stance against Trump risks allegations of political bias.
The Justice Department’s break with Trump is likely to be popular with Democrats and Trump critics. The department had faced criticism from the left early in the Biden administration when it backed Trump’s position that a federal law that protects government employees against being sued over official duties shielded him against a defamation lawsuit; that case is pending.
The Justice Department’s position on the immunity question doesn’t guarantee that Trump will lose, but it’s a significant setback to his case. Lawyers for Trump and for the plaintiffs have until March 16 to file a response.
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