The Justice Department moved Thursday to shield President Donald Trump from a series of civil lawsuits brought by police officers injured during the Jan. 6, 2021, Capitol riot, arguing he acted in his official capacity as president and should be immune from personal liability.
In a new court filing, DOJ lawyers invoked the Federal Tort Claims Act to substitute the United States for Trump as the defendant in several consolidated civil cases pending before U.S. District Judge Amit Mehta. Plaintiffs allege Trump incited violence through his words and actions, which they say led to injuries and trauma during the 2021 Capitol breach.
But the DOJ argues the claims — including assault and battery, incitement under D.C. statutes, and aiding and abetting — are subject to liability of the government as a whole, not individually to Trump.
“The United States shall be the exclusive remedy for persons with claims for damages resulting from the negligent or wrongful acts or omissions of federal employees taken within the scope of their office or employment,” the filing states.
The move could derail efforts to hold Trump personally and financially accountable. The government cannot be held liable for certain intentional torts, meaning the lawsuits could be dismissed altogether.
Among the plaintiffs are more than a dozen Capitol Police officers and the longtime partner of fallen officer Brian Sicknick. The DOJ’s latest filing signals a broader pattern of shielding Trump from civil liability tied to his presidency.
It is not the first time the DOJ has come to the rescue of Trump.
Last year, under then-President Joe Biden, the government declared it would cover Trump’s liability if he was found responsible for the dispersal of racial justice protesters near the White House in the summer of 2020. The DOJ also asked a judge to dismiss the claims, arguing Trump was acting in his official capacity. That case, tied to the Lafayette Square incident, is still ongoing.
Also, this week, Chief Judge James Boasberg, who drew the ire of Trump and his supporters for an adverse ruling surrounding his efforts to deport Venezuelan gang members, ruled that a group of plaintiffs in a Jan. 6 civil case cannot access grand jury materials from Trump’s now-dismissed criminal case.
