US: Trump’s lawyers claim his speech on Jan 6 was ‘protected & adhered official duties’

Former US President Donald Trump’s attorneys argued on Monday that the statements he made on 6 January 2021 before the Capitol attack was protected speech and adhered with their official duties. According to The Associated Press, in response to the civil suits along with Congress’ own inquiry into the US Capitol attack, Trump’s lawyers claimed that he was acting within his official rights as the US President and had no intention to spark the violence that followed his address.

It is to note that on 6 January, last year, when Congress had convened to certify the election victory of now US President Joe Biden, Trump, in his speech called out thousands of supporters to “march to the Capitol” and “fight like hell” in order to disrupt Senate’s proceedings. As per the report, Trump lawyer Jesse Binnall said, “There has never been an example of someone successfully being able to sue a president for something that happened during his term of office.”

Binnall said, “That absolute immunity of the presidency is very important.”

Trump’s lawyers' arguments came as the five-hour-long hearing took place in Washington before the US District Judge Amit Mehta to have the civil suits against former President dismissed. While plaintiffs are seeking damages for the physical and emotional injuries that they sustained during the insurrection, one of the attorneys’ representing Swalwell’s suit, Joseph Sellers said, “What he spoke about was a campaign issue, seeking to secure an election.”

Sellers noted, “This was a purely private act” while also saying that Trump’s statements were an overt and unambiguous call for political violence. He said, “It’s hard to conceive of a scenario other than the president travelling down to the Capitol himself and busting through the doors ... but of course, he did that through 3rd-party agents, through the crowd.” 

Binnall's argument over Trump's remarks

However, Binnall argued that Trump’s calls to derail the Senate vote certification process were in line with any executive’s right to comment or denounce a co-equal government branch. He said, “A president always has the authority to speak on whether or not any of the other branches, frankly, can or should take action” referencing the cases where former US President Barack Obama publicly commented on the Supreme Court’s decision. 

He also brought attention to Trump’s second impeachment trial, where he was charged with inciting insurrection on US Capitol and he was acquitted. Binnall said, “That was their remedy and they failed…They don’t get another bite of the apple here.” Mehta repeatedly cut off both sides with questions.

Image: AP