DOJ to appeals court: Donald Trump can be sued over role in …

The three lawsuits were filed about two years ago by House Democrats and Capitol Police against Trump, his allies and extremist groups.

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WASHINGTON The Justice Department saidThursday former President Donald Trump doesn't deserve absolute immunity from threecivil lawsuits accusing him of inciting the Capitol attack on Jan. 6, 2021.

"No part of a Presidents official responsibilities includes the incitement of imminent private violence," department lawyers said in an appeals courtfiling."By definition, such conduct plainly falls outside the Presidents constitutional and statutory duties."

A three-judge panel of the D.C. Circuit Court of Appeals will decide whether to allow the lawsuits to continue. The panel heard oral arguments about whether to dismiss the cases in December, but asked the Justice Department to weigh in.

Chief Judge Sri Srinivasan and Judges George Katsas and Judith Rogers are hearing the case. Srinivasan was appointed to the appeals court by Barack Obama, Katsas by Trump and Rogers by Bill Clinton.

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Here is what we know about the cases:

The three lawsuits each accuse Trump of inciting the riot and seek to hold him responsible for it. Nearly 1,000 people have been charged in the attack and a mob rampaged through the Capitol and temporarily prevented Congress from counting Electoral College votes. One rioter was shot to death outside the House chamber by a police officer. A police officer who was sprayed by chemicals during the attack died the next day from a stroke.

"I am pleased that the DOJ made crystal clear that inciting a violent attack on the United States is well beyond the immunity afforded to any president, Swalwell said in a statement.

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Trumps lawyers urged the appeals court to dismiss the lawsuits by arguing that contentious speeches such as the one he gave Jan. 6, 2021, are part of a presidents job.

The underlying question here is simple: is a president immune from civil liability when he or she gives a speech on a matter of public concern? Trumps lawyers said. The answer is undoubtedly, yes.

Trumps lawyers have argued he is immune from lawsuits for anything he said at the rally. They also argued he couldnt be part of any conspiracy to incite the violence because he urged participants to peacefully and patriotically make your voices heard at the Capitol.

But in allowing the cases to continue, Mehta, who is also overseeing criminal cases from the Capitol attack, noted Trump urged his supporters to fight like hell before his supporters fought police and forced their way into the building.

At the end of his remarks, he told rally-goers, we fight, we fight like hell, and if you dont fight like hell, youre not going to have a country anymore, Mehtasaid.

Trump's presidential campaign issued a statement Thursday saying he calledrepeatedly during the speech for peace, patriotism and respect for law enforcement. The campaign argued federal courts should dismiss what it called frivolous lawsuits.

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Justice Department lawyers took no position on the three lawsuits. And they said presidents are typically protected from civil lawsuits because of their broad official duties and the difficulties distinguishing them from personal duties.

But the department lawyers said no president should be able to incite violence, despite Trump's claim of absolute immunity from all lawsuits.

Government lawyers urged the appeals court judges to set narrow rules for the lawsuits to continue, to avoid saddling a president with lawsuits that would be burdensome and intrusive even if meritless.

"It is not a rule of absolute immunity for thepresident, regardless of the nature of his acts," the lawyers said.

"The district court also correctly rejected President Trumps categorical assertion 'that whenever and wherever a President speaks on a matter of public concern he is immune from civil suit,' the department lawyers said.

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DOJ to appeals court: Donald Trump can be sued over role in ...