civil

WASHINGTON — President Trump is not immune from civil claims that he incited a mob of his supporters to attack the Capitol on Jan. 6, 2021, a federal judge has ruled in one of the last unresolved legal cases stemming from the riot.

U.S. District Judge Amit Mehta ruled Tuesday that Trump’s remarks at his “Stop the Steal” rally, held on the Ellipse near the White House shortly before the siege began, “plausibly” were inciting words that are not protected by the 1st Amendment right to free speech.

The Republican president is not shielded from liability for much of his Jan. 6 conduct, including that speech and many of his social media posts that day, according to the judge. But Mehta said Trump cannot be held liable for his official acts that day, including his Rose Garden remarks during the riot and his interactions with Justice Department officials.

“President Trump has not shown that the Speech reasonably can be understood as falling within the outer perimeter of his Presidential duties,” Mehta wrote. “The content of the Ellipse Speech confirms that it is not covered by official-acts immunity.”

Not the first court ruling on presidential immunity

The decision is not the court’s first ruling that Trump can be held liable for the violence at the Capitol and it is unlikely to be the last given the near-certainty of an appeal. But the 79-page ruling sets the stage for a possible civil trial in the same courthouse where Trump was charged with crimes for his Jan. 6 conduct, before his 2024 election ended the prosecution.

Mehta previously refused to dismiss the claims against Trump in a February 2022 ruling that Trump was not entitled to presidential immunity from the claims brought by Democratic members of Congress and law enforcement officers who guarded the Capitol on Jan. 6. In that decision, Mehta also concluded that Trump’s words during his rally speech plausibly amounted to incitement and were not protected by the 1st Amendment.

The case returned to Mehta after an appeals court ruling upheld his 2022 decision. He said Tuesday’s ruling on immunity falls under a more “rigorous” legal standard at this later stage in the litigation.

Mehta, who was nominated by Democratic President Obama, said his latest decision is not a “final pronouncement on immunity for any particular act.”

“President Trump remains free to reassert official-acts immunity as a defense at trial. But the burden will remain his and will be subject to a higher standard of proof,” the judge wrote.

Official capacity vs. office-seeker

Trump spoke to a crowd of his supporters at the rally before the mob’s attack disrupted the joint session of Congress for certifying Democrat Joe Biden’s 2020 electoral victory over Trump. Trump closed out his speech by saying, “We fight. We fight like hell and if you don’t fight like hell, you’re not going to have a country anymore.”

Trump’s lawyers argued that Trump’s conduct on Jan. 6 meets the threshold for presidential immunity.

The plaintiffs contended that Trump cannot prove he was acting entirely in his official capacity rather than as an office-seeking private individual. They also said the Supreme Court has held that office-seeking conduct falls outside the scope of presidential immunity.

Rep. Bennie Thompson, D-Miss., who at that time led the House Homeland Security Committee, sued Trump, Trump’s personal attorney Rudolph Giuliani and members of the Proud Boys and Oath Keepers extremist groups over the Jan. 6 riot. Other Democratic members of Congress later joined the litigation, which was consolidated with the officers’ claims.

‘Victory for the rule of law’

The civil claims survived Trump’s sweeping act of clemency on the first day of his second term, when he pardoned, commuted prison sentences and ordered the dismissal of all 1,500-plus criminal cases stemming from the Capitol siege. More than 100 police officers were injured while defending the Capitol from rioters.

The plaintiffs’ legal team includes attorneys from the Lawyers’ Committee for Civil Rights Under Law. Damon Hewitt, the group’s president and executive director, praised the ruling as a “monumental victory for the rule of law, affirming that no one, including the president of the United States, is above it.”

“The court rightly recognizes that President Trump’s actions leading to the January 6 insurrection fell outside the scope of presidential duties,” Hewitt said in a statement. “This ruling is an important step toward accountability for the violent attack on the Capitol and our democracy.”

Kunzelman writes for the Associated Press.

WASHINGTON — The Justice Department filed a new lawsuit Friday against Harvard University, saying its leadership failed to address antisemitism on campus, creating grounds for the government to freeze existing grants and seek repayment for grants already paid.

The lawsuit, filed in federal court in Massachusetts, is another salvo in a protracted battle between the administration of President Trump and the elite university.

“The United States cannot and will not tolerate these failures,” the Justice Department wrote in the lawsuit. It asked the court to compel Harvard to comply with federal civil rights law and to help it “recover billions of dollars of taxpayer subsidies awarded to a discriminatory institution.”

The lawsuit also asks a judge to require that Harvard call police to arrest protesters blocking parts of campus and to appoint an “independent outside monitor,” approved by the government, to ensure it complies with court orders.

Harvard did not immediately respond to a request for comment.

The lawsuit comes after negotiations appear to have bogged down in the months-long battle with the Trump administration that has tested the boundaries of the government’s authority over America’s universities. What began as an investigation into campus antisemitism escalated into an all-out feud as the Trump administration slashed more than $2.6 billion in research funding, ended federal contracts and attempted to block Harvard from hosting international students.

In a pair of lawsuits filed by the university, Harvard has said it’s being unfairly penalized for refusing to adopt the administration’s views. A federal judge agreed in December, reversing the funding cuts and calling the antisemitism argument a “smokescreen.”

Ted Mitchell, president of the American Council on Education, a major association of colleges and universities, accused the administration of launching a “full scale, multi-pronged” attack on Harvard. Friday’s lawsuit, he said, is just the latest attempt to pressure Harvard to agree to changes favored by the administration.

“When bullies pound on the table and don’t get they want, they pound again,” Mitchell said.

The Trump administration began investigating allegations of discrimination against Harvard’s Jewish and Israeli students less than two weeks after the president took office. The allegations focus on Harvard’s actions during and after pro-Palestinian demonstrations during the Israel-Hamas war.

Officials concluded Harvard did not adequately address concerns raised about antisemitism that drove some students to conceal their religious skullcaps and avoid classes. During protests of the war, Trump officials said, Harvard permitted students to demonstrate against Israel’s actions in the school library and allowed a pro-Palestinian encampment to remain on campus for 20 days, “in violation of university policy.”

In its lawsuit Friday, the Justice Department also accused Harvard of failing to discipline staff or students who protested or tacitly endorsed the demonstrations, such as by canceling or dismissing classes that conflicted with protests.

“Harvard University has failed to protect its Jewish students from harassment and has allowed discrimination to wreak havoc on its campus,” White House press secretary Liz Huston said Friday on X. “President Trump is committed to ensuring every student can pursue their academic goals in a safe environment.”

Despite their bitter dispute, Harvard and the Trump administration have held some negotiations, and the two sides have reportedly been close to reaching an agreement on multiple occasions. Last year, the administration and the university were reportedly approaching a deal that would have required Harvard to pay $500 million to regain access to federal funding and to end the investigations. Almost a year later, Trump upped that figure to $1 billion, saying that Harvard has been “behaving very badly.”

At the same time, the administration was taking steps in a civil rights investigation that had the potential to jeopardize all of Harvard’s federal funding.

In June, the Trump administration made a formal finding that Harvard tolerated antisemitism.

In a letter sent to Harvard, a federal task force said its investigation had found the university was a “willful participant” in antisemitic harassment of Jewish students and faculty. The task force threatened to refer the case to the Justice Department to file a civil rights lawsuit “as soon as possible,” unless Harvard came into compliance.

When colleges are found in violation of federal civil rights law, they almost always reach compliance through voluntary agreements. When the government determines a resolution can’t be negotiated, it can try to sever federal funding through an administrative process or, as the Trump administration has done, by referring the case to the Justice Department through litigation.

Such an impasse has been extraordinarily rare in recent decades.

Last summer, Harvard responded that it strongly disagreed with the government’s investigative finding and was committed to fighting bias.

“Antisemitism is a serious problem and no matter the context, it is unacceptable,” the university said in a statement. “Harvard has taken substantive, proactive steps to address the root causes of antisemitism in its community.”

In a letter last spring, Harvard President Alan M. Garber told government officials that the school had formed a task force to combat antisemitism, which released a detailed report of what unfolded on campus after Hamas militants stormed Israel on Oct. 7, 2023, killing around 1,200 people and abducting 251 others. Israel retaliated with an offensive that killed tens of thousands of Palestinians and displaced around 90% of Gaza’s population — prompting pro-Palestinian demonstrations at colleges around the country.

After the demonstrations at Harvard, Garber said the university had hired a new provost and new deans and that it had reformed its discipline policies to make them “more consistent, fair and effective.”

Since he took office, Trump has targeted elite universities he believes are overrun by left-wing ideology and antisemitism. His administration has frozen billions of dollars in research grants, which colleges have come to rely on for scientific and medical research.

Several universities have reached agreements with the White House to restore funding. Some deals have included direct payments to the government, including $200 million from Columbia University. Brown University agreed to pay $50 million toward state workforce development groups.

Balingit and Casey write for the Associated Press.

Founder of the Women’s Tennis Association and tennis great Billie Jean King (C) smiles with representatives after speaking during an annual Women’s History Month event in celebration of the 50th anniversary of Title IX in Statuary Hall at the U.S .Capitol in Washington on March 9, 2022. Women’s History Month is celebrated every March. Photo by Bonnie Cash/UPI | License Photo

March 19 (UPI) — Actor Kevin Spacey settled out of court in England with three men who sued him, accusing him of sexual assault.

The cases were set for trial in the High Court this year.

The men alleged that between 2000 and 2013 Spacey, 66, assaulted them, but Spacey denies any wrongdoing.

In 2023, he was found not guilty of nine criminal sexual assault charges. Two of the accusers in the criminal trial filed the civil cases.

One accuser, known as LNP, alleged that Spacey “deliberately assaulted” him 12 times between 2000 and 2005. Another, known as GHI, said he “suffered psychiatric damage and financial loss” from an assault in 2008.

Actor Ruari Cannon, who has waived his right to anonymity, said that when he was in the Tennessee Williams play Sweet Bird of Youth at the Old Vic Theater in 2013, Spacey groped him at a party. Spacey was the artistic director at the theater at the time.

Cannon also settled with the Old Vic in a civil suit two weeks ago.

Cannon was on a BBC Channel 4 documentary, Spacey Unmasked, in 2024. Spacey called the allegation “ridiculous and it never happened.”

Spacey has been trying to win back his career, Deadline reported. Last year he said he has no home and was living out of hotels and Airbnbs and working as a lounge singer in Cyprus. He claims his struggles are like the actors who were blacklisted during McCarthyism, Deadline said.

Spacey also won a civil case in the United States in which actor Anthony Rapp said Spacey sexually assaulted him when he was 14.