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Presidents Are Not Immune to All Lawsuits

More than a few people were damaged in one way or another during the attempted coup on Jan. 6, 2021. Some were physically hurt, some were effectively held hostage (e.g. members of Congress), and others followed Donald Trump's advice, stormed the Capitol, and ended up in prison. A number of these folks would like to sue Trump. However, Trump has argued that a president is immune from lawsuits because, well, he is president. On Friday, the U.S. Court of Appeals for the District of Columbia ruled 3-0 that, no, presidents are not immune to lawsuits for things they did and said that were not part of the job description of being president. Specifically, running for reelection is not part of the job description. Consequently, if it is later proven that the speech Trump gave at the Ellipse, which riled up the crowd to storm the Capitol, was not part of his official duties as president, but part of his reelection campaign, he can be sued for the consequences of that speech.

Trump can—and probably will—appeal the ruling to the Supreme Court. There he could argue that his speech was protected by the First Amendment, in which case, he probably can't be sued for engaging in protected speech. What also is likely to come up is whether the speech was an official event or a campaign event. That could hinge on who organized it and who paid for it. The appeals court specifically stated that when a first-term president seeks a second term, campaign events are not official acts and are not immune to lawsuits. So the case really isn't over. All that we now know is that there is no blanket immunity for everything a president does in office. He can still be sued for acts not related to carrying out the duties of the presidency.

Now the case will go back to the trial court where the lawsuits may commence—unless the Supreme Court orders them halted until it can rule. (V)



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