President Donald Trump is not shielded from civil claims related to the January 6, 2021, attack on the U.S. Capitol, a federal judge has determined. U.S. District Judge Amit Mehta ruled on Tuesday that Trump’s remarks at his “Stop the Steal” rally, held near the White House prior to the riot, “plausibly” constituted incitement and are not protected under the First Amendment.

Judge Mehta's Ruling on Immunity

Judge Mehta clarified that while Trump cannot be held liable for official acts taken during the day of the riot – such as his Rose Garden remarks and interactions with Justice Department officials – much of his conduct, including the rally speech and related social media posts, falls outside the scope of presidential immunity. “President Trump has not shown that the Speech reasonably can be understood as falling within the outer perimeter of his Presidential duties,” Mehta wrote in the 79-page ruling.

Key Findings Regarding the Speech

The judge specifically found that the content of the Ellipse speech demonstrated it was not covered by official-acts immunity. This decision builds upon a previous February 2022 ruling where Mehta refused to dismiss the claims against Trump, stating he wasn’t entitled to presidential immunity in this case.

Background of the Civil Lawsuit

The case originated from a lawsuit filed by Representative Bennie Thompson, D-Miss., along with other Democratic members of Congress and law enforcement officers who defended the Capitol on January 6th. The plaintiffs also named Trump’s personal attorney, Rudolph Giuliani, and members of extremist groups like the Proud Boys and Oath Keepers as defendants.

The civil claims withstood Trump’s attempts to dismiss them through pardons and dismissals of criminal cases related to the Capitol siege. Over 100 police officers were injured during the attack defending the Capitol.

Future of the Case

This ruling is not a final judgment on immunity, and Trump retains the right to reassert his claim of official immunity at trial. However, the judge emphasized that the burden of proof will remain with Trump and will be subject to a higher standard. The decision sets the stage for a potential civil trial in the same courthouse where Trump faced criminal charges related to January 6th, before those charges were halted by the end of his presidency.

Statements Following the Ruling

Damon Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, hailed the ruling as “a monumental victory for the rule of law, affirming that no one, including the president of the United States, is above it.” He added that the court correctly recognized Trump’s actions leading to the insurrection fell outside the scope of his presidential duties.

During the rally preceding the riot, Trump told his supporters, “We fight. We fight like hell and if you don’t fight like hell, you’re not going to have a country anymore.” Trump’s legal team had argued his actions were protected by presidential immunity, a claim the plaintiffs disputed.