President-elect Donald Trump is to apply for immunity from a lawsuit taken by seven police officers injured in the January 6 riot, Newsweek has been told by a lawyer for the plaintiffs.
Edward Caspar, head litigator in the Smith v. Trump case, said Trump will be applying for presidential immunity this month.
He said that the federal District Court for the District of Columbia must determine whether Trump has immunity from civil liability for allegedly encouraging supporters to storm the Capitol on January 6, 2021, which Trump denies.
Newsweek sought email comment from Trump's attorney on Monday.
Why It Matters
The case could help establish what occurred on January 6, when Donald Trump supporters invaded the Capitol to stop the confirmation of Joe Biden's win in the 2020 election. It could also be an important case for establishing the perimeters of presidential immunity from lawsuits.
What To Know
In August, 2021, seven Capitol police officers sued Trump and several members of far-right groups for injuries sustained by the officers during the January 6 riot.
The lawsuit, Conrad Smith and others v. Trump, alleges Trump had created a false narrative that the 2020 presidential election was stolen from him and encouraged his supporters to storm the Capitol while Joe Biden's win was being confirmed by Congress.
In court filings, Trump has denied any wrongdoing and has said that he encouraged only peaceful protest. Plaintiff lawyers told Newsweek on Sunday that Trump will seek immunity in January.
On July 1, the Supreme Court addressed presidential immunity from criminal prosecution but the court's position on civil immunity is less clear, especially where a lawsuit touches on potential presidential free speech issues.
Trump is due to be inaugurated as president on January 20.
The case is being taken under a post-Civil War act that was designed to prevent the Ku Klux Klan from threatening African Americans.
Caspar, Acting Co-Chief Counsel at The Lawyers' Committee For Civil Rights Under Law, told Newsweek Sunday that discovery related to the issue ended on December 4 and the court has ordered briefing on the question. "Trump's initial brief is due January 24 while ours is due February 28," he said.
The Lawyers' Committee For Civil Rights Under Law is a civil rights group that fights for affirmative action and other issues that affect Black Americans. The group argues in court documents that the January 6 riot was an attempt to prevent African Americans and others from exercising their right to vote.
What People Are Saying
Caspar told Newsweek Sunday: "[The lawsuit] remains an important opportunity to achieve justice for those harmed by the attack. Currently, the federal District Court for the District of Columbia must determine whether Trump has immunity from civil liability for his alleged conduct concerning January 6. We will continue to argue that he does not."
What Happens Next
Briefing on Trump's immunity issue will conclude in April. Meanwhile, the Smith case continues against the other defendants in that case, including the Trump 2020 campaign organization and individual members of the right-wing groups Proud Boys and The Oath Keepers. Discovery in that case is ongoing until at least July 2025.
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