A US Appeals Court, sitting in Washington, on Friday ruled that former President Donald Trump must face civil lawsuits over his role in the January 6, 2021 attack on the Capitol by his supporters.

Biztellers reports that it was the unanimous opinion of the three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit that the cases against Trump could move forward

The ruling comes nearly a year after the judges had considered Trump’s claims of being entitled to sweeping immunity from the suits brought by a group of congressional Democrats and veteran Capitol Police officers, who seek civil damages for the harms they allegedly suffered as a result of the Capitol attack.

Chief Judge Sri Srinivasan wrote, “The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints.

“We answer no, at least at this stage of the proceedings.”

It is the considered opinion of the Appeal Court judges that when a first-term president chooses to run for a second term, his campaign for reelection cannot be an official presidential act.

By implication, actions undertaken while campaigning to hold onto the presidency are done in the individual capacity of the office-seeker, rather than an office-holder.

“In his view, a president’s speech on matters of public concern is invariably an official function, and he was engaged in that function when he spoke at the January 6 rally and in the leadup to that day,” the judges pointed out.

“We cannot accept that rationale. While presidents are often exercising official responsibilities when they speak on matters of public concern, that is not always the case,” the panel added.

The president, Srinivasan explained that an office-holder, “does not spend every minute of every day exercising official responsibilities. And when he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the president.”

The appeals court panel noted that while it is rejecting Trump’s argument for immunity at this stage in the proceedings, the former president has not yet had the chance to counter the allegations raised by the police officers and House Democrats, which he must be afforded the opportunity to do.

Judge Gregory Katsas, appointed by Trump, concurred with the decision, while Judge Judith Rogers concurred in part.

As things stand, Trump still has a chance to appeal the decision, either to the full D.C. Circuit or the Supreme Court.

He is in the midst of a third bid for the White House and is currently the frontrunner for the Republican presidential nomination.

The court’s ruling stems from cases brought against Trump by two Capitol Police officers, 11 House Democrats and another by Rep. Eric Swalwell of California, in 2021 over comments the former president made in the run-up to and during a rally held outside the White House on Jan. 6, 2021.

The officers, James Blassingame and Sidney Hemby, as well as the Democratic lawmakers, argued that Trump incited the mob of his supporters who breached the U.S. Capitol in violation of federal and local laws.

Trump, however, argued that he is shielded from the lawsuits because he was acting within the official duties of the presidency and asked a federal district court to toss out the cases.

U.S. District Judge Amit Mehta allowed the cases to move forward, and Trump asked the D.C. Circuit to review the decision.

The decision by the appeals court comes as the former president faces ongoing legal woes in several civil and criminal cases filed against him. The Justice Department has charged Trump with four counts related to the 2020 election, which the former president is seeking to dismiss in part on grounds that he is entitled to presidential immunity from prosecution for actions performed within the “outer perimeter” of his official responsibility.

Trump has pleaded not guilty to all counts in the case related to alleged efforts to thwart the transfer of presidential power after the November 2020 election.

With Agency reports