Former U.S. President Donald Trump's claims of having immunity from facing lawsuits for the Jan. 6 Capitol riot are refuted after Justice Department told the federal appeals court to reject Trump's assertions.

The department wrote in its brief that "no part of a President's official responsibilities includes the incitement of imminent private violence" despite a president having the privilege to wield broad legal latitude to communicate to the public, as reported by Al Jazeera News.

The lawyers from the Justice Department noted that they are not "taking a position" when it comes to possible criminal liability for Trump or anyone else.

The Justice Department also cleared that it takes no view on a lower court judge's conclusion that those who sued the former president have "plausibly" alleged that his speech caused the riot.

However, the department said that an appeals court should junk Trump's claims that he is immune from the lawsuits.

Trump is appealing a decision by a federal judge in Washington, D.C., who dismissed Trump's efforts to toss out the civil lawsuits against him filed by legislators and two Capitol police officers.

The federal judge, U.S. Judge Amit Mehta, ruled that the former president's words on Jan. 6 were likely "words of incitement" that the judge categorized as "not protected by the First Amendment."

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Donald Trump No Immunity

The Justice Department confirmed in its brief that Trump does not have absolute immunity from civil lawsuits seeking damages over his alleged incitement of the Jan. 6 Capitol riot.

Trump posted a statement on his social media network Truth Social that courts in the District of Columbia "should rule in favor of President Trump" and dismiss the lawsuits, which was described as "frivolous," as cited by The New York Times.

Trump's lawyers appealed Mehta's ruling to the D.C. Circuit, leading the appeals court to ask the Justice Department to place its view on the matter.

The lawsuit against Trump has also named other defendants, such as the Proud Boys and the Oath Keepers. The groups are not part of the current appeal.

Donald Trump Jan. 6 Capitol Riot

The lawsuit U.S. Capitol Police officers filed against the former president claimed that Trump and the other defendants violated both federal and Washington, D.C. law for conduct linked to the riot, which interrupted Congress' certification of the 2020 election.

CNN reported that Mehta decided that the case could move forward against several other individuals, including members of far-right militia groups such as the Oath Keepers, Three Percenters, and the Proud Boys.

However, the judge dismissed the lawsuit's case against Roger Stone and Ali Alexander, who are known to be far-right figures.

Mehta argued that the alleged conduct of the said far-right figures that was stated in the lawsuit was "protected by the First Amendment."

BBC News noted that the Jan. 6 panel investigating the Capitol riot accused the former president of a "multi-part conspiracy" to overturn election results.

It also recommended Trump should be barred from holding public office in the future.

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This article is owned by Latin Post.

Written by: Mary Webber

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