Judge Allows Jan. 6 Civil Suit Against Trump to Proceed

Says presidential immunity doesn't protect Trump's speech and Georgia call

Apr. 3, 2026 at 6:40pm

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A solitary, empty podium stands in a dimly lit, cinematic political setting, with warm, diagonal sunlight and deep shadows casting an air of contemplation and unease.The judge's ruling opens a new chapter in the legal battles over the events of January 6th, 2021.Washington Today

A federal judge ruled that a civil lawsuit accusing former President Donald Trump of contributing to the Jan. 6, 2021, attack on the U.S. Capitol can proceed, rejecting Trump's broad claim of presidential immunity. The judge said Trump's speech at the Ellipse rally and his call to Georgia's secretary of state were not clearly protected as official presidential acts.

Why it matters

This decision opens the door for further legal action against Trump over his role in the Jan. 6 events, which have been a major focus of investigations and lawsuits. It also highlights the ongoing debate over the limits of presidential immunity and the extent to which a president's actions can be considered official duties versus political activities.

The details

U.S. District Judge Amit Mehta said Trump's speech at the Ellipse rally and his outreach to state officials after the 2020 election were not clearly protected as official presidential acts. The judge drew a distinction between actions taken as president and those taken as a candidate seeking reelection, noting that the Jan. 6 rally 'involved almost no 'trappings of an official function.' Mehta also highlighted Trump's Jan. 2, 2021, call to Georgia Secretary of State Brad Raffensperger, in which Trump said 'I just want to find 11,780 votes,' stating that the call is best understood as political rather than presidential.

  • On Jan. 6, 2021, Trump addressed supporters near the White House.
  • On Jan. 2, 2021, Trump called Georgia Secretary of State Brad Raffensperger.

The players

Donald Trump

Former President of the United States who is being sued in a civil lawsuit over his role in the Jan. 6, 2021, attack on the U.S. Capitol.

Amit Mehta

U.S. District Judge who ruled that the civil lawsuit against Trump can proceed, rejecting his claim of presidential immunity.

Eric Swalwell

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

Brad Raffensperger

Georgia Secretary of State who received a phone call from Trump after the 2020 election, in which Trump said 'I just want to find 11,780 votes.'

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What they’re saying

“Those who incited and fueled the violence must be held responsible.”

— Eric Swalwell, Congressman

“President Trump does not dispute that he remained an office-seeker up to and on January 6.”

— Amit Mehta, U.S. District Judge

What’s next

The judge's ruling allows the civil lawsuit against Trump to move forward in court, setting up another prolonged legal fight over the former president's actions on Jan. 6.

The takeaway

This decision highlights the ongoing legal and political battles over Trump's role in the Jan. 6 attack, as well as the broader debate over the limits of presidential immunity. It could pave the way for further legal action and accountability for those involved in the events of that day.