District Judge Amit Mehta ruled Trump's remarks at his 'Stop the Steal' rally plausibly were inciting words not protected by the First Amendment, according to the ruling. However, the judge said Trump cannot be held liable for his official acts that day, including his Rose Garden remarks and interactions with Justice Department officials. The current status of any potential appeal by Trump remains unclear.
Separately, members of the Proud Boys and dozens of people convicted or accused of crimes in connection with the January 6 riot are suing the federal government, alleging law enforcement officers used excessive force, according to the lawsuit. A class-action lawsuit filed on behalf of at least 46 people or potentially thousands accuses police of indiscriminately firing tear gas and other chemical agents and swatting them with Billy clubs, the lawsuit claims. The lawsuit claims the crowd was overwhelmingly peaceful before police shooting started and that no one intentionally harmed any officers while police were shooting indiscriminately into the crowd. The lawsuit is seeking at least $18 million in damages. The current status of this class-action lawsuit has not been publicly detailed in recent court filings.
President Trump has not shown that the Speech reasonably can be understood as falling within the outer perimeter of his Presidential duties. The content of the Ellipse Speech confirms that it is not covered by official-acts immunity.
Among the 46 named plaintiffs are several former defendants granted clemency under Trump's sweeping pardons, including rioters charged and convicted of attacking law enforcement, according to the lawsuit. Dominic Pezzola, a Proud Boys member, was convicted of assaulting an officer and sentenced to 10 years before Trump's pardon, the lawsuit states. Christopher Worrell, another Proud Boys member, was convicted of shooting pepper spray at officers and sentenced to 10 years, the lawsuit states. Anthime Gionet, known as Baked Alaska, pleaded guilty to entering the Capitol unlawfully, according to the lawsuit. How many of the plaintiffs were actually pardoned by Trump and what impact this might have on the lawsuit's credibility remains uncertain.
In another legal development, a former police officer who defended the Capitol on January 6 has sued Blaze Media writers Steve Baker and Joseph Hanneman for defamation, according to the lawsuit. The defamation lawsuit alleges Baker and Hanneman falsely accused Shauni Kerkhoof of planting pipe bombs outside the Republican and Democratic National Committee headquarters. The lawsuit claims Baker and Hanneman used forensic gait analysis from an anonymous analyst to falsely claim Kerkhoof was a 98% match with the bombing suspect. The progression and potential outcomes of this defamation lawsuit have not been specified in recent court documents.
President Trump remains free to reassert official-acts immunity as a defence at trial. But the burden will remain his and will be subject to a higher standard of proof.
The actual bombing suspect, Brian Cole Jr., was arrested in December and charged with transporting explosive materials and attempted destruction of buildings with explosives, according to court records. Cole allegedly told the FBI he believed conspiracy theories about the 2020 election, prosecutors said. Prosecutors have said Cole confessed to investigators after his arrest, but Cole has pleaded not guilty to the charges. The strength of evidence linking Cole to the pipe bombs and details of the case against him have not been fully disclosed publicly.
A legal battle has emerged over whether Trump's pardons apply to pipe bomb suspect Cole. Trump's attorneys argue his sweeping clemency for rioters should apply to Brian Cole Jr., charged with planting pipe bombs on January 5, 2021, according to court filings. Cole's defense attorneys argue Trump's blanket pardons extend to Cole because his alleged conduct is inextricably tethered to the January 6 events, court documents state. However, Justice Department prosecutors said Cole, under FBI questioning, denied his actions were related to the January 6 proceedings. This conflict creates uncertainty about whether Cole will benefit from Trump's pardons, with the matter likely to be decided in court.