Published on December 2, 2023, 1:53 am

In a recent ruling, a Federal Appeals Court in Washington D.C. made a consequential announcement against former President Donald Trump. The court stated that Trump wouldn’t enjoy immunity from lawsuits associated with the events of January 6th, 2021. The implications of this ruling could significantly impact Trump’s campaign and financial future by shaping the landscape of who can sue and for what damages.

A multitude of cases tied to the events of January 6 have been brought forward against Trump, his political allies, and his family, albeit none have seen their day in court yet. Introduced by Democratic members of Congress and Capital Police Officers, these lawsuits may now carry newfound weight following the court’s decision.

Surprisingly, the court stated that despite being president at the time, Donald Trump cannot claim presidential immunity as his attempts to overturn the election results were politically-driven acts rather than attempts orchestrated through official presidential duties.

In particular, activities such as trying to overturn election outcomes—an accusation levied by plaintiffs arguing that this incited the January 6 riot—were actions executed in an unofficial capacity. As per the court’s judgment, such proceedings “in an unofficial capacity” do not qualify for “official-act immunity.”

Nonetheless, while potentially detrimental for Donald Trump’s legal battles ahead this decision does not mark an end to them. In its majority opinion, the Court clarified that Trump will still have opportunities to present his defense further down the line. They also expressed neutrality on any definitive judgments about claims against him.

Importantly, issues relating to First Amendment protections or potential executive privileges shielding evidence were left unaddressed by this ruling. They explained this was because they had no purpose discussing these defenses since Trump did not seek appellate review against their disapproval of his First Amendment defense presently; however this could change later.

Even though today’s decision could induce significant repercussions for him and his allies given its stance on presidential immunity in civil suits surrounding damages liabilities, it does not determine any immunity from criminal prosecution. In essence, Trump will continue to have numerous chances to present his “immunity” narrative in all impending legal confrontations.

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