The United States Department of Justice has stated that former President Donald Trump could face prosecution by Capitol Police officers and Democratic members of Congress who were injured in the January 6, 2021 insurrection at the United States Capitol.
The department made this announcement on Thursday, February 3rd, during a federal court case that scrutinizes Trump’s legal vulnerabilities and the boundaries of executive power.
While a president has wide-ranging legal freedoms to raise public concerns about pressing issues, the Justice Department pointed out that “no part of a president’s official responsibility includes inciting imminent personal violence. Such conduct is clearly outside the president’s duties and is covered by the law.”
The legal brief was submitted by attorneys for the Justice Department’s Civil Division and is not linked to a separate criminal investigation by the department’s special counsel into whether Trump could be criminally charged for trying to overturn Joe Biden’s 2020 presidential election victory before the attack on the Capitol.
The attorneys stated that they had taken no position on potential criminal liability for Trump or anyone else.
Furthermore, the Justice Department attorneys stated that they were impartial to a lower court judge’s conclusion that those who are suing Trump “reasonably” allege that his speeches resulted in the riots. However, the department noted that the appeals court should have rejected Trump’s claim of absolute immunity.
This case is one of many legal challenges that Trump faces as he pursues his bid for the presidency in 2024.