The Justice Department’s Civil Division issued an opinion to a federal appeals court that Trump incited violence on 1/6 and can be prosecuted by Capitol police and members of Congress.
The DOJ Civil Division wrote as reported by The Washington Post:
“Presidents can sometimes use strong rhetoric. And some who hear this rhetoric may overreact, even overreact,” the Justice Department attorneys said, referring to a concern raised during oral argument. They suggested looking at another Klan-inspired court case – the 1969 ruling that speeches “intended to incite or produce imminent lawless action” or “likely to incite or produce such action” are not not protected by the First Amendment.
“Just as denying First Amendment protection to incitement does not unduly cripple speech in general, so denying absolute immunity to incitement to imminent private violence should not unduly chill the president in the exercise of his office. tradition of speaking to the public on matters of public interest,” the lawyers wrote.
Presidents do not enjoy absolute immunity as Trump liked to claim. Presidents can’t do whatever they want. Presidents have no immunity when it comes to inciting political violence. Another interesting part of the opinion of the DOJ Civil Division, quoted above, suggests that Trump incited violence on 1/6.
The DOJ opinion was requested by a federal appeals court that is evaluating Trump’s immunity claims. If the court denies Trump’s immunity requests, it means he can be sued by Capitol Police officers and 11 members of Congress for injuries they sustained in the attack.
The decision is terrible news for Trump and if the appeals court agrees, it could help establish safeguards to prevent a future president from inciting political violence.
Jason is the editor. He is also a member of the White House press pool and a congressional correspondent for PoliticusUSA. Jason holds a bachelor’s degree in political science. His graduate studies focused on public policy, with a specialization in social reform movements.
Awards and Professional Memberships
Member of the Society of Professional Journalists and the American Political Science Association