Judge rejects effort by Trump to toss Jan. 6 lawsuits
AP Photo/Jacquelyn Martin
In this Jan. 6, 2021, photo, then-President Donald Trump arrives to speak at a rally in Washington.
WASHINGTON (AP) — A federal judge on Friday rejected efforts by former President Donald Trump to toss out conspiracy lawsuits filed by lawmakers and two Capitol police officers, saying in his ruling that the former president’s words “plausibly” may have led to the Jan. 6, 2021, insurrection.
U.S. District Court Judge Amit Mehta said in his ruling that Trump’s words during a rally before the violent storming of the U.S. Capitol were likely “words of incitement not protected by the First Amendment.”
Trump told his supporters to “fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore.” He said, “(We’re) going to try to and give (weak Republicans) the kind of pride and boldness that they need to take back our country,” and then told the crowd to “walk down Pennsylvania Avenue.”
Mehta said Trump’s speech could have directed people to break the law. But he dismissed similar charges made against his son Donald Trump Jr. and lawyer Rudy Giuliani, saying their speech was protected by the First Amendment.
The lawsuits, filed by Rep. Eric Swalwell, D-Calif., officers James Blassingame and Sidney Hemby and initially by Rep. Bennie Thompson, D-Miss., argued that Trump, Trump Jr., Giuliani and Republican Rep. Mo Brooks of Alabama had made “false and incendiary allegations of fraud and theft, and in direct response to the Defendant’s express calls for violence at the rally, a violent mob attacked the U.S. Capitol.”
Thompson later dropped out of the lawsuit when he was named to lead the Select Committee investigating the Jan. 6 insurrection that sought to disrupt the certification of President Joe Biden’s victory. The NAACP continued the suit after Thompson dropped out.
The lawsuits spell out in detail how the Trumps, Giuliani and Brooks spread baseless claims of election fraud, both before and after the 2020 presidential election was declared, and charges that they helped to spin up the thousands of rioters before they stormed the Capitol. Five people died as a result of the violence on Jan. 6, including a U.S. Capitol Police officer.
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Jose Luis Magana
Rioters scale a wall at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Jose Luis Magana)
Jose Luis MaganaRioters scale a wall at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Jose Luis Magana)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Julio Cortez
Supporters loyal to then-President Donald Trump attend a rally on the Ellipse near the White House on Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
Julio CortezSupporters loyal to then-President Donald Trump attend a rally on the Ellipse near the White House on Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021John Minchillo
Trump supporters participate in a rally in Washington on Jan. 6, 2021. (AP Photo/John Minchillo)
John MinchilloTrump supporters participate in a rally in Washington on Jan. 6, 2021. (AP Photo/John Minchillo)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021John Minchillo
Trump supporters participate in a rally Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
John MinchilloTrump supporters participate in a rally Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Jacquelyn Martin
Then-President Donald Trump gestures as he arrives to speak at a rally in Washington, on Jan. 6, 2021. (AP Photo/Jacquelyn Martin)
Jacquelyn MartinThen-President Donald Trump gestures as he arrives to speak at a rally in Washington, on Jan. 6, 2021. (AP Photo/Jacquelyn Martin)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Evan Vucci
People listen as then-President Donald Trump speaks during a rally Jan. 6, 2021, in Washington. (AP Photo/Evan Vucci)
Evan VucciPeople listen as then-President Donald Trump speaks during a rally Jan. 6, 2021, in Washington. (AP Photo/Evan Vucci)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Julio Cortez
Supporters of then-President Donald Trump try to break through a police barrier at the Capitol in Washington on Jan. 6, 2021. (AP Photo/Julio Cortez)
Julio CortezSupporters of then-President Donald Trump try to break through a police barrier at the Capitol in Washington on Jan. 6, 2021. (AP Photo/Julio Cortez)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Julio Cortez
A supporter of then-President Donald Trump is injured during clashes with police at the U.S. Capitol, Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
Julio CortezA supporter of then-President Donald Trump is injured during clashes with police at the U.S. Capitol, Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Jose Luis Magana
A rioter pours water on herself at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Jose Luis Magana)
Jose Luis MaganaA rioter pours water on herself at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Jose Luis Magana)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021John Minchillo
A Trump supporter holds a Bible as he gathers with others outside the Capitol, Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
John MinchilloA Trump supporter holds a Bible as he gathers with others outside the Capitol, Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021John Minchillo
Trump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. (AP Photo/John Minchillo)
John MinchilloTrump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. (AP Photo/John Minchillo)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021John Minchillo
A demonstrator supporting then-President Donald Trump, is sprayed by police, Jan. 6, 2021, during a day of rioting at the Capitol.(AP Photo/John Minchillo)
John MinchilloA demonstrator supporting then-President Donald Trump, is sprayed by police, Jan. 6, 2021, during a day of rioting at the Capitol.(AP Photo/John Minchillo)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021John Minchillo
Rioters try to enter the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
John MinchilloRioters try to enter the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/John Minchillo)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
U.S. Capitol Police try to hold back rioters outside the east doors to the House side of the U.S. Capitol, Jan 6, 2021. (AP Photo/Andrew Harnik)
Andrew HarnikU.S. Capitol Police try to hold back rioters outside the east doors to the House side of the U.S. Capitol, Jan 6, 2021. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
Rioters gather outside the U.S. Capitol in Washington, on Jan 6, 2021. (AP Photo/Andrew Harnik)
Andrew HarnikRioters gather outside the U.S. Capitol in Washington, on Jan 6, 2021. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
Protesters gather outside the U.S. Capitol, Jan 6, 2021. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Manuel Balce Ceneta
Jacob Anthony Chansley, center, with other insurrectionists who supported then-President Donald Trump, are confronted by U.S. Capitol Police in the hallway outside of the Senate chamber in the Capitol, Jan. 6, 2021, in Washington. Chansley, was among the first group of insurrectionists who entered the hallway outside the Senate chamber. (AP Photo/Manuel Balce Ceneta)
Manuel Balce CenetaJacob Anthony Chansley, center, with other insurrectionists who supported then-President Donald Trump, are confronted by U.S. Capitol Police in the hallway outside of the Senate chamber in the Capitol, Jan. 6, 2021, in Washington. Chansley, was among the first group of insurrectionists who entered the hallway outside the Senate chamber. (AP Photo/Manuel Balce Ceneta)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
U.S. Capitol Police hold rioters at gun-point near the House Chamber inside the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
Andrew HarnikU.S. Capitol Police hold rioters at gun-point near the House Chamber inside the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021J. Scott Applewhite
Lawmakers evacuate the floor as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
J. Scott ApplewhiteLawmakers evacuate the floor as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021J. Scott Applewhite
Police with guns drawn watch as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
J. Scott ApplewhitePolice with guns drawn watch as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
Congressmen shelter in the House gallery as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
Andrew HarnikCongressmen shelter in the House gallery as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
Members of Congress wear emergency gas masks as they are evacuated from the House gallery as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
Andrew HarnikMembers of Congress wear emergency gas masks as they are evacuated from the House gallery as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021J. Scott Applewhite
The House gallery is empty after it was evacuated as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
J. Scott ApplewhiteThe House gallery is empty after it was evacuated as rioters try to break into the House Chamber at the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/J. Scott Applewhite)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
Rep. Andy Kim, D-N.J., cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
Andrew HarnikRep. Andy Kim, D-N.J., cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Julio Cortez
Members of the DC National Guard surround the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
Julio CortezMembers of the DC National Guard surround the U.S. Capitol on Jan. 6, 2021, in Washington. (AP Photo/Julio Cortez)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021J. Scott Applewhite
Vice President Mike Pence and Speaker of the House Nancy Pelosi, D-Calif., read the final certification of Electoral College votes cast in November's presidential election during a joint session of Congress after working through the night, at the Capitol in Washington, Jan. 7, 2021. (AP Photo/J. Scott Applewhite, Pool)
J. Scott ApplewhiteVice President Mike Pence and Speaker of the House Nancy Pelosi, D-Calif., read the final certification of Electoral College votes cast in November's presidential election during a joint session of Congress after working through the night, at the Capitol in Washington, Jan. 7, 2021. (AP Photo/J. Scott Applewhite, Pool)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021John Minchillo
A flag hangs between broken windows after then-President Donald Trump supporters tried to break through police barriers outside the U.S. Capitol, Jan 6, 2021. (AP Photo/John Minchillo)
John MinchilloA flag hangs between broken windows after then-President Donald Trump supporters tried to break through police barriers outside the U.S. Capitol, Jan 6, 2021. (AP Photo/John Minchillo)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
A flag that reads "Treason" is visible on the ground in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
Andrew HarnikA flag that reads "Treason" is visible on the ground in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021Andrew Harnik
An ATF police officer cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
Andrew HarnikAn ATF police officer cleans up debris and personal belongings strewn across the floor of the Rotunda in the early morning hours of Jan. 7, 2021, after rioters stormed the Capitol in Washington. (AP Photo/Andrew Harnik)
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Report: Conspiracy theorists fueled bump in extremist killings in 2021John Minchillo
Fencing is placed around the exterior of the Capitol grounds, Thursday, Jan. 7, 2021 in Washington. The House and Senate certified the Democrat's electoral college win early Thursday after a violent throng of pro-Trump rioters spent hours Wednesday running rampant through the Capitol. A woman was fatally shot, windows were bashed and the mob forced shaken lawmakers and aides to flee the building, shielded by Capitol Police. (AP Photo/John Minchillo)
John MinchilloFencing is placed around the exterior of the Capitol grounds, Thursday, Jan. 7, 2021 in Washington. The House and Senate certified the Democrat's electoral college win early Thursday after a violent throng of pro-Trump rioters spent hours Wednesday running rampant through the Capitol. A woman was fatally shot, windows were bashed and the mob forced shaken lawmakers and aides to flee the building, shielded by Capitol Police. (AP Photo/John Minchillo)
