Justice Department Files Brief in Thompson v. Trump
The Justice Department’s brief, filed in response to a request by the D.C. circuit court, ar
Published by The Lawfare Institute
in Cooperation With
The U.S. Department of Justice has filed an amicus brief in Thompson, et al. v. Trump, et al., recommending that the U.S. Court of Appeals for the District of Columbia Circuit holds the district court’s judgment that Donald Trump is not immune from civil suit for his speech on Jan. 6. “No part of a President’s official responsibilities includes the incitement of imminent private violence [...] The district court’s denial of absolute immunity should be affirmed,” reads the brief.
The case centers on the use of the Enforcement Act of 1871, also known as the Ku Klux Klan Act, which holds parties liable for conspiracy to interfere with public officials’ duties. Plaintiffs allege that Donald Trump conspired to prevent Members of Congress from discharging their official duty to certify the results of the 2020 presidential election.
You can read the brief here, or below: