D.C. Appeals Court allows Jan. 6 lawsuits to gather dust for a year

Donald Trump is a master of delaying lawsuits. Using constant appeals, deep pockets, and a seemingly unending supply of D-grade attorneys, Trump has frequently been able to simply outlast opponents in a lawsuit by wearing them out both emotionally and financially. Writer E. Jean Carroll’s recent victories represent the rare instance in which someone had the persistence and toughness to withstand all of Trump’s efforts to completely dodge responsibility for his actions.

But sometimes Trump’s “appeal, appeal, and appeal again” strategy doesn’t need much help. That’s the case with a trio of lawsuits filed by the Capitol Police and by members of Congress alleging that Trump was responsible for inciting violence on Jan. 6, 2021, that have now been gathering dust at the D.C. Circuit Court of Appeals for a year. Allowing those lawsuits to proceed hangs on the thorny legal question of whether or not Trump’s speech encouraging his supporters to interfere with the 2020 election is protected by presidential immunity. D.C. District Court Judge Amit Mehta ruled that the case could proceed in February 2022. Trump immediately appealed … and that’s where things still sit.

This delay is holding up hearings on these lawsuits. It also means the court is providing no answers to questions about Trump’s liability for his followers’ threats and violence. A decision in this case could affect other rulings, such as multiple cases concerning gag orders where threats made against prosecutors and court officials by Trump supporters are a key factor. But the D.C. Appeals Court has already allowed this case to linger for a ridiculously long time.