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Biden’s Justice Department says Trump can be sued over Jan. 6

Published in Blog on March 02, 2023 by Jakob Fay

One day after Biden’s attorney general Merrick Garland defended the Department of Justice (DOJ) against accusations of being “weaponized” against the president’s political opponents, the DOJ announced that former president Donald Trump can now be sued over his actions on January 6, 2021.

Democrats and Capitol police have tried to hold Mr. Trump legally accountable for the Jan. 6 Capitol riot. His defenders have countered that such charges have no legal merit. They point out that the president’s use of the word “fight” prior to the attack would not constitute “incitement” in a court of law. Trump has sought immunity against these lawsuits, but as of today, the DOJ has denied his request.

“President Trump moved to dismiss the claims against him, contending… that he is entitled to absolute immunity under Nixon v. Fitzgerald, 457 U.S. 731 (1982),” the Justice Department stated in a 24-page court filing. “He argued, in particular, that the primary acts for which plaintiffs sought to impose civil liability—his pre- January 6 statements and his speech at the January 6 rally—fell within the outer limits of two presidential functions: (1) the President’s constitutional responsibility to take care that the laws are faithfully executed and (2) the historical function of the Office of the President as a “bully pulpit” to address and rally the public on matters of public concern….”

Trump’s case for immunity was previously dismissed by a district court, a decision he appealed. But ultimately, the DOJ agreed: “The district court’s denial of absolute immunity should be affirmed.”

In their decision, the DOJ does not say outright that Mr. Trump is guilty of incitement. In fact, they claim to have “expressed no view” on the topic. However, their actions have opened him up to a bevy of lawsuits, which they have effectively greenlighted.

Faith in our federal government is failing and failing fast. The American people are already skeptical of Biden’s renegade Department of Justice, and this certainly will not help.

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