Blassingame v. Trump and Moore v. Trump

On January 6, 2021, a violent mob staged one of the most significant insurrections against the United States since the Civil War. President Donald J. Trump and his allies rallied this mob of thousands of his supporters behind the repeatedly debunked lie that the 2020 presidential election was stolen and summoned them to Washington, D.C. on January 6. He then incited those supporters to storm the U.S. Capitol, where Congress was counting Electoral College votes. 

U.S. Capitol Police Officers James Blassingame Jr., Sidney Hemby, and Marcus Moore were all serving on duty on January 6. All endured hours of threats and violent attacks and suffered severe and significant physical and emotional injuries as a result.

They have brought two separate lawsuits (Blassingame v. Trump and Moore v. Trump) to hold Trump accountable for his central role in the insurrection and the resulting attack on the law enforcement officers who were defending the peaceful transition of power. The lawsuits assert that Trump’s actions violated the Ku Klux Klan Act of 1871 — which prohibits mob violence aimed at obstructing the operations of the federal government — as well as District of Columbia laws banning, among other things, aiding and abetting assault and battery.

In June 2021 former President Trump moved to dismiss the Blassingame complaint, arguing, among other things, that has absolute presidential immunity from civil liability because his actions up to and on January 6th were part of his presidential duties. On February 18, 2022, District Court Judge Amit Mehta rejected that characterization of Trump’s actions and denied the motion, which Trump appealed. On December 1, 2023, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit, including Obama, Clinton, and Trump appointees, upheld the district court’s decision that, based on the conduct alleged in the complaint, Trump was not acting within the scope of presidential duties and not immune from liability. The lawsuit will now proceed in the district court. Read our statement on that decision here.

The police officers are represented by the Washington D.C. law firm of Patrick Malone & Associates and attorneys from Protect Democracy. The case page from Patrick Malone & Associates can be found here.

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