A federal judge ruled that President Trump’s speech at the Ellipse on January 6, 2021, was political in nature and not subject to immunity that the Supreme Court has found for official presidential acts.

The ruling is a significant setback for Trump as it allows a civil suit brought by Democratic lawmakers and U.S. Capitol Police officers to proceed in court.

“President Trump has not shown that the Speech reasonably can be understood as falling within the outer perimeter of his Presidential duties,” U.S. District Judge Amit Mehta wrote, according to POLITICO.

“The content of the Ellipse Speech confirms that it is not covered by official-acts immunity,” Mehta added.

The Hill has more:

He also determined the phone call Trump made to Georgia Secretary of State Brad Raffensperger (R) asking him to “find” more votes was clearly an effort “to alter the outcome of Georgia’s election.”

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The ruling is significant not only in that it allows those seeking to hold Trump accountable for Jan. 6 to continue the fight but because it shows the limits of a 2024 Supreme Court ruling that largely sided with the president in finding former executives immune for actions they carried out as part of their core White House role.

Mehta found that Trump’s speech near the National Mall could not be considered an official White House act because “nearly all the individuals who ran the nuts and bolts of the operation” were campaign-affiliated or otherwise linked to his reelection efforts.

“The court assesses whether he has carried his burden to show he is cloaked with official acts immunity for the Ellipse Speech. He has not,” Mehta wrote, according to the outlet.

“President Trump does not dispute that he remained an office-seeker up to and on January 6. The President’s appearance at the Save America Rally, consistent with that status, involved almost no ‘trappings of an official function.’ No public funds were used to put on or promote the event. The White House did not tout the Ellipse Speech through its official website or social media channels beforehand, and it did not publish the President’s remarks afterwards. Nor did any executive branch agency. Further, the White House played no meaningful role in organizing or planning the Rally,” he continued.

“As I enter hour three of sitting on the tarmac at DCA–with plans and promises changing every 10 minutes–I have chosen to add to my inner rage by reading Judge Amit Mehta’s latest sophistry in his opinion denying Pres Trump’s claims (again) of immunity from civil liability for the events of Jan 6. Mehta appears to be the only person left in Washington who believes Cassidy Hutchinson,” Julie Kelly commented.

POLITICO shared further:

Joseph Sellers, an attorney for Democratic lawmakers suing Trump, welcomed the decision.

“We’re very pleased that the court recognized that President Trump cannot avoid accountability for his conduct on Jan. 6, 2021,” the lawyer said in an interview. “This decision, if it holds up, is going to pave the way to a trial in federal district court on these claims.”

In a statement, Trump’s legal team disputed the judge’s conclusion, but did not outline any specific next steps.

“The facts show that on January 6, 2021, President Trump was acting on behalf of the American people, carrying out his official duties as President of the United States,” the statement said. “President Trump will continue to fight back against the Democrat Witch Hoaxes and keep delivering historic results for the American People.”

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Read the 79-page ruling HERE.

 

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