Former President Donald Trump faces civil lawsuits over his alleged involvement in the January 6 uprising. In four cases filed in Washington D.C., two federal judges have rejected Trump’s claim of absolute immunity, aiming to dismiss these lawsuits. The D.C. Circuit Court of Appeals is currently considering an appeal in U.S. Capitol Police Officer James Blassingame’s case, for which oral arguments were held earlier this year.
Both the civil and criminal cases center around whether Trump can be immune from prosecution for his actions as president. Trump’s legal team plans to raise the issue of executive immunity in criminal court soon, with a source familiar with their strategy stating that the pending civil appeal is the best chance of getting the Supreme Court to rule on the matter. If successful, this could delay or even derail the criminal case.
The case of U.S. Capitol Police Officer James Blassingame lies behind the civil lawsuits against Trump. On January 6, 2021, he faced a barrage of racial abuse and violence while defending the United States Capitol. In February 2022, U.S. District Court Judge Amit Mehta ruled against Trump on immunity grounds in three lawsuits, including Blassingame’s. Senior U.S. District Judge Emmet Sullivan reached a similar conclusion in a separate ruling.
Trump’s legal team will argue that the criminal case should not proceed until Blassingame’s lawsuit is resolved since it represents the closest precedent to appellate review. The D.C. Circuit Court of Appeals may decide to review pre-trial motions concerning the immunity issue before Trump’s criminal cases go to trial, and attorneys for Trump could file an interlocutory appeal if they lose those motions in the lower courts. Legal experts speculate that appellate courts, including the Supreme Court of the United States, may make an exception in this case despite their usual reluctance to hear interlocutory appeals.
