The two indictments Trump could face are for his incitement of the Jan. 6 riot—a federal crime—and his attempts to overturn the election results in Georgia, a state case there.
When the Department of Justice took the position this week that former President Donald Trump acted improperly by urging his followers to attack Congress in 2021, prosecutors did more than open the door to a potential flood of civil lawsuits from police officers who were injured on Jan. 6.
weighing in on a civil dispute by injured police officers. The department clarified that Trump’s speech, full of vitriol and fury, was not protected by presidential immunity, nor was it protected by his own free speech rights under the First Amendment. “If they’re saying it’s outside the scope of immunity of civil suits, and outside the scope of protected speech, there really isn’t anything else out there protecting Trump,” said one attorney, who asked to remain anonymous to avoid rattling DOJ leadership.
Still, these sources noted that Trump still faces potential criminal liability over the way he encouraged his MAGA devotees to march on the Capitol building on that early 2021 winter afternoon. The violent attack didn’t stop Congress from certifying the electoral college votes, and the U.S.
The District of Columbia appellate court still has to decide whether the police officers’ lawsuit can go forward, Saltzburg noted. And if the court is unconvinced by the DOJ’s position, the civil lawsuit would fail—but so would any criminal indictment for incitement.
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