Trump Can Be Sued for Jan. 6 Riot Harm, Justice Dept. Says

In this Jan. 6, 2021, file photo with the White House in the background, President Donald Trump speaks at a rally in Washington. (AP)
In this Jan. 6, 2021, file photo with the White House in the background, President Donald Trump speaks at a rally in Washington. (AP)
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Trump Can Be Sued for Jan. 6 Riot Harm, Justice Dept. Says

In this Jan. 6, 2021, file photo with the White House in the background, President Donald Trump speaks at a rally in Washington. (AP)
In this Jan. 6, 2021, file photo with the White House in the background, President Donald Trump speaks at a rally in Washington. (AP)

Former President Donald Trump can be sued by injured Capitol Police officers and Democratic lawmakers over the Jan. 6, 2021, insurrection at the US Capitol, the Justice Department said Thursday in a federal court case testing Trump's legal vulnerability for his speech before the riot.

The Justice Department told a Washington federal appeals court in a legal filing that it should allow the lawsuits to move forward, rejecting Trump’s argument that he is immune from the claims.

The department said it takes no position on the lawsuits’ claims that the former president’s words incited the attack on the Capitol. Nevertheless, Justice lawyers told the court that a president would not be protected by "absolute immunity" if his words were found to have been an "incitement of imminent private violence."

"As the Nation’s leader and head of state, the President has 'an extraordinary power to speak to his fellow citizens and on their behalf,' they wrote. "But that traditional function is one of public communication and persuasion, not incitement of imminent private violence."

The brief was filed by lawyers of the Justice Department's Civil Division and has no bearing on a separate criminal investigation by a department special counsel into whether Trump can be criminally charged over efforts to undo President Joe Biden's victory in the 2020 presidential election ahead of the Capitol riot. In fact, the lawyers note that they are not taking a position with respect to potential criminal liability for Trump or anyone else.

Trump’s lawyers have argued he was acting within the bounds of his official duties and had no intention to spark violence when he called on thousands of supporters to "march to the Capitol" and "fight like hell" before the riot erupted.

"The actions of rioters do not strip President Trump of immunity," his lawyers wrote in court papers. "In the run-up to January 6th and on the day itself, President Trump was acting well within the scope of ordinary presidential action when he engaged in open discussion and debate about the integrity of the 2020 election."

A Trump spokesperson said Thursday that the president "repeatedly called for peace, patriotism, and respect for our men and women of law enforcement" on Jan. 6 and that the courts "should rule in favor of President Trump in short order and dismiss these frivolous lawsuits."

The case is among many legal woes facing Trump as he mounts another bid for the White House in 2024.

A prosecutor in Georgia has been investigating whether Trump and his allies broke the law as they tried to overturn his election defeat in that state. Trump is also under federal criminal investigation over top secret documents found at his Florida estate.

In the separate investigation into Trump and his allies' efforts to keep the Republican president in power, special counsel Jack Smith has subpoenaed former Vice President Mike Pence, who has said he will fight the subpoena.

Trump is appealing a decision by a federal judge in Washington, who last year rejected efforts by the former president to toss out the conspiracy civil lawsuits filed by the lawmakers and police officers. US District Judge Amit Mehta ruled that Trump’s words during a rally before the violent storming of the US Capitol were likely "words of incitement not protected by the First Amendment."

"Only in the most extraordinary circumstances could a court not recognize that the First Amendment protects a President’s speech," Mehta wrote in his February 2022 ruling. "But the court believes this is that case."

One of the lawsuits, filed by Rep. Eric Swalwell, D-Calif., alleges that "Trump directly incited the violence at the Capitol that followed and then watched approvingly as the building was overrun." Two other lawsuits were also filed, one by other House Democrats and another by officers James Blassingame and Sidney Hemby.

The House Democrats' lawsuit cites a federal civil rights law that was enacted to counter the Ku Klux Klan’s intimidation of officials. The cases describe in detail how Trump and others spread baseless claims of election fraud, both before and after the 2020 presidential election was declared, and charge that they helped to rile up the thousands of rioters before they stormed the Capitol.

The lawsuits seek damages for the physical and emotional injuries the plaintiffs sustained during the insurrection.

Even if the appeals court agrees that Trump can be sued, those who brought the lawsuit still face an uphill battle. They would need to show there was more than fiery rhetoric, but a direct and intentional call for imminent violence, said Laurie Levenson, a Loyola Law School professor and former federal prosecutor.

"We are really far away from knowing that even if the court allows the lawsuit to go forward whether they would be successful," she said. "Even if the court says hypothetically you can bring an action against a president, I think they're likely to draw a line that is very generous to the president's protected conduct."

In its filing, the Justice Department cautioned that the "court must take care not to adopt rules that would unduly chill legitimate presidential communication" or saddle a president with burdensome and intrusive lawsuits.

"In exercising their traditional communicative functions, Presidents routinely address controversial issues that are the subject of passionate feelings," the department wrote. "Presidents may at times use strong rhetoric. And some who hear that rhetoric may overreact, or even respond with violence."



A Week after Catastrophic Earthquake, Focus Turns to a Growing Humanitarian Crisis in Myanmar

Rescue workers look on as heavy machinery clears the rubble at the site of an under-construction building collapse in Bangkok on March 30, 2025, two days after an earthquake struck central Myanmar and Thailand. (Photo by MANAN VATSYAYANA / AFP)
Rescue workers look on as heavy machinery clears the rubble at the site of an under-construction building collapse in Bangkok on March 30, 2025, two days after an earthquake struck central Myanmar and Thailand. (Photo by MANAN VATSYAYANA / AFP)
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A Week after Catastrophic Earthquake, Focus Turns to a Growing Humanitarian Crisis in Myanmar

Rescue workers look on as heavy machinery clears the rubble at the site of an under-construction building collapse in Bangkok on March 30, 2025, two days after an earthquake struck central Myanmar and Thailand. (Photo by MANAN VATSYAYANA / AFP)
Rescue workers look on as heavy machinery clears the rubble at the site of an under-construction building collapse in Bangkok on March 30, 2025, two days after an earthquake struck central Myanmar and Thailand. (Photo by MANAN VATSYAYANA / AFP)

Search teams pulled more bodies from the ruins of buildings on Friday, a week after a massive earthquake rocked Myanmar killing more than 3,100 people, as the focus turns toward the urgent humanitarian needs in a country that was already devastated by civil war.

United Nations humanitarian chief Tom Fletcher, who is also the emergency relief coordinator, was to arrive Friday in an effort to spur action following the quake. Ahead of his visit, UN Secretary-General Antonio Guterres appealed to the international community to immediately step up funding for quake victims "to match the scale of this crisis," and he urged unimpeded access to reach those in need.

"The earthquake has supercharged the suffering with the monsoon season just around the corner," he said Thursday.

Myanmar authorities said Thursday that 3,145 people had been killed, with another 4,589 people injured and 221 missing, and did not immediately update the figures on Friday.

Britain, which had already given $13 million to purchase emergency items like food, water and shelter, pledged an additional $6.5 million in funds to match an appeal from Myanmar's Disasters Emergency Committee, according to the UK Embassy in Yangon.

Many international search and rescue teams were also on the scene, and eight medical crews from China, Thailand, Japan, Bangladesh, Bhutan, the Philippines, Indonesia and Russia were operating in Naypyitaw, according to Myanmar's military-run government. Another five teams from India, Russia, Laos and Nepal and Singapore were helping in the Mandalay region, while teams from Russia, Malaysia and the ASEAN bloc of nations were assisting in the Sagaing region.

The Trump administration has pledged $2 million in emergency aid and sent a three-person team to assess how best to respond given drastic cuts to US foreign assistance.

On Friday, five bodies were recovered from the rubble in the capital Naypyitaw and the second-largest city of Mandalay, near the epicenter of the 7.7 magnitude earthquake March 28, authorities said. The last reported rescue came Wednesday, some 125 hours after the quake struck, when a man was saved from the wreckage of a hotel in Mandalay.

The quake also shook neighboring Thailand, bringing down a high-rise under construction in Bangkok, where recovery work continued Friday. Overall, 22 people have been found dead and 35 injured in Bangkok, primarily from the construction site.

Myanmar´s military seized power in 2021 from the democratically elected government of Aung San Suu Kyi, sparking what has turned into a civil war.

The quake worsened an already dire humanitarian crisis, with more than 3 million people displaced from their homes and nearly 20 million in need even before it hit, according to the United Nations.

As concerns grew that ongoing fighting could hamper humanitarian aid efforts, the military declared a temporary ceasefire Wednesday, through April 22. The announcement followed unilateral temporary ceasefires announced by armed resistance groups opposed to military rule.

On Thursday, however, there were renewed airstrikes in Kayah state, also known as Karenni, in eastern Myanmar, according to witnesses.

The military has said that it would still take "necessary" measures against resistance groups, if they use the ceasefire to regroup, train or launch attacks, and the groups have said they reserved the right to defend themselves.