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The lawsuit from Democratic Rep. Bennie Thompson is part of an expected wave of litigation over the Jan. 6 riot and is believed to be the first filed by a member of Congress. It also names as defendants Rudy Giuliani, Trump’s personal lawyer, and the Proud Boys and the Oath Keepers, extremist organizations that have had members charged by the Justice Department with taking part in the siege.
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Presidents are historically afforded broad immunity from lawsuits for actions they take in their role as commander in chief. But the lawsuit filed Tuesday was brought against Trump in his personal, not official, capacity and alleges that none of the behavior at issue had to do with his responsibilities as president.
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Additional suits could be brought by other members of Congress or by law enforcement officers injured while responding to the riot. [This] case against Trump was brought under a provision of the Ku Klux Klan Act of 1871, which was passed in response to KKK violence and prohibits violence or intimidation meant to prevent Congress or other federal officials from carrying out their constitutional duties.