Judge rejects Trump’s move to dismiss Jan. 6 liability lawsuit

A federal judge on Friday rejected former President Donald Trump’s request to dismiss civil lawsuits against him over his alleged responsibility in the Jan. 6, 2021, attack on the U.S. Capitol.

Judge Amit P. Mehta, an Obama appointee, said the former president spoke to his supporters before the violent attack, telling them, “we fight, we fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore.”

“The President then directed the thousands gathered to march to the Capitol — an idea he had come up with himself,” the judge noted in the 112-page order.

The lawsuit seeking to hold Mr. Trump responsible for damages caused by that day had been filed by 11 members of Congress and two U.S. Capitol Police officers. They also sued Mr. Trump’s son, Donald Trump Jr., Mr. Trump’s lawyer, Rudolph Giuliani, and Rep. Mo Brooks, an Alabama Republican and Trump supporter.

The judge granted motions to dismiss from Mr. Giuliani and Mr. Trump Jr. He also said Mr. Brooks could submit a motion to dismiss, which would also be granted.

But when it came to Mr. Trump, the court said the lawsuit could proceed.

In his motion to dismiss, Mr. Trump argued that as president he had immunity from being sued. That claim was rejected by Judge Mehta.

The judge said the president was not acting in an official capacity when advocating to stay in office, telling his supporters that Vice President Mike Pence should refuse to certify the election results.

“The President’s actions here do not relate to his duties of faithfully executing the laws, conducting foreign affairs, commanding the armed forces, or managing the Executive Branch. They entirely concern his efforts to remain in office for a second term,” the judge wrote.

The allegation in the lawsuit brought by the plaintiffs was that they became “victims of a conspiracy” under a law known as the Ku Klux Klan Act, which is aimed at eliminating violence by white supremacist and vigilante gangs.