The Department of Justice is attempting to remove President Donald Trump as the defendant in a civil lawsuit related to the January 6, 2021, attack on the U.S. Capitol building.
Why It Matters
The Supreme Court decided last year that former and sitting presidents have immunity from criminal prosecution related to official acts they made while in office. Following the decision, the Justice Department dropped charges against Trump, including ones related to the riot at the Capitol building.
Despite the criminal prosecution coming to an end, Trump still faces civil lawsuits related to the events of January 6. The Justice Department is arguing that the president also has immunity from civil lawsuits, and the U.S. government should be the defendant in these cases instead.
What To Know
Attorneys representing the U.S. government filed a notice of substitution in a January 6 lawsuit on Thursday.
The lawsuit, brought by U.S. Capitol Police officers James Blassingame and Sidney Hemby in 2021, alleges that Trump’s actions caused them to suffer physical and emotional injuries.
The notice argues that Trump was acting “acting in the scope of office or employment at the time of the incidents.”
“For the foregoing reasons, the United States has been substituted as the defendant with respect to the remaining state law claims for relief alleged in the Amended Complaint,” the attorneys wrote.
What People Are Saying
C. Salvatore D’Alessio, Jr., director of the civil division’s torts branch at the Justice Department, in a certification filed Thursday: “On the basis of the information now available with respect to the claims set forth therein, I find that Donald J. Trump was acting within the scope of federal office or employment at the time of the incidents out of which the plaintiffs’ claims arose.”
Patrick A. Malone, attorney representing the plaintiffs, referring to Trump in a 2021 complaint: “His words and conduct gave direction to and aided and abetted his followers in the commission of intentional torts of assault, battery, and intentional infliction of emotional distress that caused injury to James Blassingame and Sidney Hemby.”
What Happens Next
The plaintiffs are permitted to raise objections to the substitution, which must be approved by a district judge.
If the court rules in favor of the defense, the case will proceed with the U.S. government as the defendant.
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