Former President Donald Trump asserted the U.S. Department of Justice (DOJ) is creating an “unprecedented” situation in arguing that he’s not immune to Jan. 6-connected lawsuits, according to a court filing submitted in a federal court on Thursday.
Earlier this month, the DOJ wrote that the former president cannot be immune to lawsuits if it was determined that he incited violence on Jan. 6. However, Trump’s team assailed (pdf) those claims and called the DOJ’s arguments an “unprecedented specific carve out” to absolute immunity that presidents should enjoy.
Trump’s speech on Jan. 6, 2021, “falls well within the broad scope of absolute immunity suggested by DOJ” and that the “DOJ’s argument … defeats the purpose of having absolute immunity,” his lawyers wrote. “Absolute immunity aims to prevent the President from being subjected to the process of civil litigation. It recognizes that the President is a prominent national figure and constant target for litigation.”…}