Judge opens the door to lawsuits against Trump over pre-Capitol speech
Posted on 04/03/26 at 14:52
- Trump without presidential immunity
- Speech under legal scrutiny
- Possible civil trial moves forward
According to EFE, a judicial ruling opens the door for U.S. President Donald Trump to face civil lawsuits over his speech before the January 6, 2021 Capitol attack.
Federal judge Amit Mehta determined that Trump did not act under presidential immunity during the rally near the White House.
This means the president can be held accountable in civil courts for allegedly inciting the attack.
The ruling marks a key moment in the debate over the limits of presidential power and accountability.
The judge’s ruling: no presidential immunity for Trump
#HCHInternational | A federal judge ruled that U.S. President Donald Trump did not act under presidential immunity during the speech he gave near the White House before the January 6, 2021 Capitol attack and that, therefore, he can… pic.twitter.com/xucX3REE1s
— HCH Televisión Digital (@HCHTelevDigital) April 1, 2026
Judge Amit Mehta concluded that Trump’s speech was not part of his official duties as president.
“President Trump has not shown that the speech can be understood as falling within his presidential duties,” Mehta wrote.
The judge also stated that the content of the speech “confirms that it is not covered by immunity for official acts.”
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The ruling indicates that the president’s words could be considered incitement.
The judge said the statements were “plausibly” inciting and would not be protected by the First Amendment.
This weakens the argument that the speech was protected by freedom of expression.
The speech and its impact on January 6
The Trump Capitol speech lawsuit centers on statements made that day.
Trump spoke for more than an hour at a rally on the morning of January 6, 2021.
During the event, he repeated unproven claims of election fraud.
Among his statements was: “we will walk to the Capitol and cheer on our brave senators and congressmen.”
He also said: “it’s incredible what we have to go through, and to have to make your people fight.”
He added that “if they don’t fight, we have to get rid of those who don’t fight.”
At another point, he urged his supporters to “fight like hell.”
He warned that if they did not, “you’re not going to have a country anymore.”
These statements are now central to the civil lawsuits against him.
What comes next after the judicial decision
The Trump Capitol speech lawsuit now moves into a new phase.
The ruling, contained in a 79-page document, sets the stage for a possible civil trial.
This process would take place in the same court where Trump faced criminal charges related to his conduct on January 6.
That criminal case was closed after his victory in the November 2024 elections.
Despite this, civil lawsuits continued to move forward in the courts.
This occurred even after Trump, upon taking office in 2025, granted pardons and commutations to nearly 1,600 people linked to the attack.
Lawyers for the plaintiffs celebrated the ruling.
They described it as a “monumental victory for the rule of law.”
They also emphasized that the decision reaffirms that no one is above the law, including the president.
The case now advances toward a new judicial stage that could define civil liability.
Source: EFE
