Judge Rules Trump Not Immune for Jan. 6 Actions, Georgia Phone Call

Civil lawsuit against former president can proceed, judge says Trump's speech not covered by immunity

Apr. 1, 2026 at 10:43pm

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A federal judge ruled that a civil lawsuit against former President Donald Trump for his actions on January 6, 2021, and his phone call to the Georgia Secretary of State can continue. The judge said Trump's speech on the Ellipse that day was not covered by presidential immunity, and his call to 'find' more votes in Georgia was an act of an 'office-seeker' rather than an incumbent president.

Why it matters

This ruling opens the door for Trump to be held accountable in civil court for his role in the events of January 6th and his efforts to overturn the 2020 election results in Georgia. It represents a significant legal setback for the former president, who has sought to avoid liability through claims of immunity.

The details

District Court Judge Amit Mehta ruled that Trump's speech on the Ellipse on January 6th was not covered by the Supreme Court's presidential immunity ruling, meaning it could be considered in the civil lawsuit brought by Democratic lawmakers and Oakland Mayor Barbara J. Lee. The judge also said Trump's phone call to Georgia Secretary of State Brad Raffensperger asking him to 'find' more votes was an effort to alter the election outcome, not an official presidential act.

  • On January 4, 2021, Trump met with Katrina Pierson, a senior campaign advisor, to discuss the January 6th rally's production elements and speaker list.
  • On January 6, 2021, Trump delivered a speech on the Ellipse in Washington, D.C.
  • On January 2, 2021, Trump called Georgia Secretary of State Brad Raffensperger and asked him to 'find' more votes.

The players

Donald Trump

The former president of the United States who is facing a civil lawsuit for his actions on January 6, 2021, and his phone call to the Georgia Secretary of State.

Amit Mehta

The federal district court judge who ruled that Trump's speech on January 6th was not covered by presidential immunity.

Barbara J. Lee

The mayor of Oakland, California, who is one of the plaintiffs in the civil lawsuit against Trump.

Brad Raffensperger

The Georgia Secretary of State whom Trump called and asked to 'find' more votes.

Eric Swalwell

The Democratic Congressman from California who is one of the plaintiffs in the civil lawsuit against Trump.

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What they’re saying

“We're very pleased that the court recognized that President Trump cannot avoid accountability for his conduct on Jan. 6, 2021. This decision, if it holds up, is going to pave the way to a trial in federal district court on these claims.”

— Joseph Sellers, Attorney for the plaintiffs

“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. President Trump will continue to fight back against the Democrat Witch Hoaxes and keep delivering historic results for the American People.”

— Trump's legal team

“Donald Trump thinks he can get away with murder. 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.”

— Rep. Eric Swalwell, Democratic Congressman from California

What’s next

The judge's ruling means the civil lawsuit against Trump can proceed to trial in federal district court, where the former president will have to defend his actions on January 6th and his phone call to the Georgia Secretary of State.

The takeaway

This decision represents a significant legal setback for former President Trump, who has sought to avoid accountability for his role in the events of January 6th and his efforts to overturn the 2020 election results in Georgia. The ruling opens the door for a trial that could shed more light on Trump's actions and potentially lead to further consequences for the former president.