A federal judge on Tuesday ruled that President Trump is not entitled to presidential immunity for certain actions tied to January 6, allowing multiple civil lawsuits to proceed.
U.S. District Judge Amit Mehta found that evidence presented so far indicates Trump’s speech at the Ellipse was political in nature and outside the scope of official presidential duties. He also declined to apply First Amendment protections at this stage, allowing claims that the speech could be viewed as incitement to proceed. “President Trump has not shown that the Speech reasonably can be understood as falling within the outer perimeter of his Presidential duties,” Mehta wrote.
Mehta also determined that Trump’s January 2, 2021 call with Brad Raffensperger was political, writing that it reflected the actions of a candidate seeking to influence an election outcome rather than an official act.
The judge said some actions, including communications with Justice Department officials and certain social media activity during the events, could qualify as official conduct and may not be used in court, while noting Trump can raise immunity arguments again at trial.
