Donald Trump’s Fighting Words

Source: RealClearPolitics
by Susan Estrich

“Former President Donald Trump lost an important round with the Justice Department last week, when the department chose to file a brief not taking his side in the fight over his responsibility for the Jan. 6 riots. The department generally takes a broad view of executive privilege. But even a broad view has limits. The lawsuit in question, brought by Democratic members of Congress and Capitol police officers, claims that Trump’s speech to his supporters incited the violence that followed. The former president has claimed that even if it did, he is — as president — absolutely immune from suit. … [According to DOJ e]ven the shield of absolute immunity does not protect against the incitement of imminent private violence. Even the president of the United States cannot falsely cry ‘fire’ in a crowded theatre.” (03/07/23)