Judge rules Trump not immune for Jan. 6 actions, Georgia phone call

President Donald Trump's speech at the Ellipse on Jan. 6, 2021, was not part of his official duties as president, a judge ruled Wednesday. Photo by Aaron Schwartz/UPI | License Photo

April 1 (UPI) -- A federal judge ruled that a civil suit against President Donald Trump for his actions on Jan. 6, 2021, can continue.

District Court Judge Amit Mehta ruled Tuesday that Trump's speech on the Ellipse in Washington, D.C., on Jan. 6 was not covered by the Supreme Court's immunity ruling, meaning it could not be considered a core presidential act.

The suit was brought by several Democratic lawmakers and Oakland, Calif., Mayor Barbara J. Lee. The American Civil Liberties Union is also helping with the case.

"President Trump has not shown that the Speech reasonably can be understood as falling within the outer perimeter of his Presidential duties," Mehta wrote in his decision. "The content of the Ellipse Speech confirms that it is not covered by official-acts immunity."

Trump has tried to get the case thrown out by claiming presidential immunity for his actions on that day and in the weeks before it.

But Mehta said, "Nearly all the individuals who ran the nuts and bolts of the operation [the Jan. 6 rally] were former Campaign officials, paid staff or consultants, who had concluded their formal work for the Campaign within the 60 days prior to January 6. In fact, on January 4, the President met with [Katrina] Pierson, still a senior campaign advisor only four days prior, in the White House to discuss the Rally's production elements and speaker list. She -- not White House officials -- communicated the President's wishes back to Rally organizers."

Mehta also declared that Trump's phone call to Georgia Secretary of State Brad Raffensperger asking him to "find" more votes "can only reasonably be viewed as the act of an office-seeker" and was an effort "to alter the outcome of Georgia's election, not those of an incumbent President acting in his official capacity."

Joseph Sellers, an attorney for the plaintiffs, said he welcomed the ruling.

"We're very pleased that the court recognized that President Trump cannot avoid accountability for his conduct on Jan. 6, 2021," Sellers said in an interview with Politico. "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.

"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," Politico reported the statement said. "President Trump will continue to fight back against the Democrat Witch Hoaxes and keep delivering historic results for the American People."

"Donald Trump thinks he can get away with murder," Rep. Eric Swalwell, D-Calif., one of the plaintiffs, said in a statement.

"This lawsuit is long overdue for his hand in the destruction of our Capitol and the attack on our democracy on January 6. This case is for my colleagues, the brave Capitol Police officers, Americans everywhere, and the future of our nation. Those who incited and fueled the violence must be held responsible. I'm thankful that we will get some accountability and some measure of closure from that dark day. And that finally, the truth will come to light. We deserve it," Swalwell said.