Donald Trump’s lawyer Jesse Binnall has been arguing in court over the point that the former president cannot be sued for the fiery speech that was the reason for the 6 January 2021 delay and attack on the Capitol because this act was within the scope of his official presidential duties.
The charges, filed by plaintiffs including Democratic US representatives Eric Swalwell and Jerry Nadler, allege that Trump is guilty of causing injuries to police and lawyers.
Jesse Binnall during a court hearing stated that Trump was “immune,” or shield, by three lawsuits under Democratic members of Congress and two other police officers.
“Executive immunity must be broad,” Jesse said.
The highlight of the case was the Supreme Court case since 1982 which held that presidents were protected from prosecution for their actions.
During the trial, which was in progress, US Regional Judge Amit Mehta repeatedly pressured both sides’ lawyers over the restrictions on the presidential ban.
Defendants’ attorney Joseph Sellers responded by saying that Trump’s speech was a campaign event, not an official act and that it was “impossible” for the Supreme Court to protect the president in cases of this nature.
“There is no legitimate role in the provocation aimed at Congress,” Sellers said.
Democratic Alliance lawmakers have called for an 1871 law passed against the white supremacist Ku Klux Klan to prevent political intimidation.
The allegations allege that the worst US Capitol attacks since the 1812 War were the direct result of Trump’s actions, which included speeches aimed at thousands of supporters who stormed the building in an attempt to overthrow President Joe Biden.
It would not have been possible for Mehta to rule on Monday, but the hearing could determine whether Trump and his allies could be prosecuted in a public court for Capitol’s deadly siege.
Trump was fired by the House of Representatives and acquitted by the Senate on a charge of sedition, which is also being investigated by a select committee of the House.
Swalwell’s case includes similar allegations against Trump’s allies who also addressed a rally on January 6, which included campaign spokesman Rudy Giuliani, Trump’s eldest son Donald Trump Jr., and Republican Mo Mooks.
Brooks wants to dispel Swalwell’s claims, saying his remarks at a January 6 meeting were part of his duties as a member of the House. The Westfall Act protects public servants from being prosecuted for actions that are considered part of their duties.
Trump and his co-defendants argued that their remarks before the January 6 attack were a political statement protected by the first amendment to the US Constitution.
The two Capitol police officers who sued Trump are James Blassingame and Sidney Hemby.