In a motion filed in court this week, Donald Trump’s lawyers argued that the former president cannot be sued for his role in inciting a violent insurrection on Jan. 6 because he has “absolute immunity” granted by the U.S. Constitution.
The documents filed in federal court on behalf of Trump and his son, Donald Trump Jr., seeks to dismiss a lawsuit that was filed by Rep Eric Swalwell (D-CA), Axios reported.
“The claims against former President Trump directly contravene the absolute immunity conveyed on the President by the Constitution as a key principle of separation of powers,” the memo states. “It is well recognized that rousing and controversial speeches are a key function of the presidency. That is especially true when, as is the case here, the President is advocating for or against congressional action.”
Trump’s memorandum does not mention Rudy Giuliani or Rep. Mo Brooks (R-AL), who were also both named in the lawsuit.
