Donald Trump does not have “absolute immunity,” as the former President claimed he should, a federal judge in Washington, DC, said on Monday.
Bloomberg reported that Trump had argued that he was “absolutely immune” from damages for actions within the “outer perimeter” of his official duties as the President. He also said that his post-election activities two years ago were part of an effort to protect and defend the Constitution.
Civil rights groups sued Trump for trying to disenfranchise voters, but his lawyers argued that he can’t be held liable in civil lawsuits because of immunity around the presidency. Judge Emmet Sullivan of the DC District Court on Monday disagreed with Trump's legal team. The judge is allowing the National Association for the Advancement of Colored People (NAACP) and the Michigan Welfare Rights Organization to write their lawsuit against Trump again. Sullivan hasn’t determined yet whether the former President is actually liable for what they claim, reported CNN.
He said that Trump’s political conduct wouldn’t be part of his official duties. This gives him less legal protection. Sullivan wrote that if Trump disrupted the certification of the electoral vote count, "such actions would not constitute executive action in defense of the Constitution." He explained that for these reasons, the court concluded that "Trump is not immune from monetary damages in this suit."
The judge also had harsh words about Trump’s response to the 2022 elections. He wrote that combative response could show that the former President could still “pose a very substantial risk in the future to Plaintiffs’ fundamental right to vote.” He wrote that Trump continues to spread "false claims about the 2022 elections and continues to attempt to pressure officials into nullifying the election results."
In addition to the civil rights groups, there also others who have sued Trump related to the Jan. 6, 2021 riot. Currently, a separate but similar case is before the federal appeals court in Washington, DC. In connection with the case, Trump is arguing that he has absolute immunity from actions that he took while serving as the President. The arguments in that case are set to happen next week.
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