Trump tells court he has ‘absolute immunity’ over January 6

Attorney for former president calls for Democrat’s lawsuit to be ‘firmly rejected’ over right to ‘absolute immunity’

Former US president Donald Trump (REUTERS)

Donald Trump told a court he has “absolute immunity” in a case brought against him by a Democratic congressman for inciting the January insurrection on the US Capitol.

An attorney for the former president argued that allegations against Mr Trump were in contravention of the absolute immunity conveyed on US presidents, and that the 74-year-old’s words were taken out of context.

Eric Swalwell, the Democrat who is bringing the case against Mr Trump, accuses the former president of inciting the 6 January attack on the country’s legislature.

According to Mr Trump’s attorney, “the president’s absolute immunity forecloses the jurisdiction of this court”.

"In bringing this suit, the Congressman asks this Court to wade into turbulent political waters to decide what controversial speech should be favoured,” the attorney wrote. “The Court should firmly reject that invitation”.

It continued: “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”.

Jesse Binnall, the attorney for Mr Trump, added that Rep Swalwell’s case was in contravention of the First amendment right to free speech, and asked the court dismiss it.

The Democrat wrote in an initial court filing in March, that “the horrific events of January 6 were a direct and foreseeable consequence of the Defendants’ unlawful actions” and “as such, the Defendants are responsible for the injury and destruction that followed.”

Mr Trump told crowds at a rally before the insurrection to “march” on the Capitol with “strength”, to demonstrate against the confirmation of Joe Biden’s election win.

The court filing for the former president was filed with the US District Court for the District of Columbia on Monday.