Donald Trump Demands 'Absolute Immunity' From Lawsuit Before Indictment

Donald Trump is seeking the dismissal of a lawsuit brought against him by the partner of Brian Sicknick, the United States Capitol Police police officer who died on January 7, 2021, a day after hundreds of the then president's supporters stormed Congress.

In the motion, filed at the Washington D.C. federal court, Trump's legal team alleged he is being targeted with "threadbare allegations and factually deficient claims," and has "absolute immunity provided by the constitution," due to his position at the time as president.

Trump is facing several legal battles, both civil and criminal, which could complicate his bid to be re-elected to the White House in 2024. On Tuesday afternoon, Trump will appear before a New York court, to respond to the first criminal charges ever brought against a former U.S. president, related to the alleged payment of hush money to adult film actress Stormy Daniels in 2016.

Officer Sicknick collapsed hours after he was involved in policing the Capitol Hill riot, during which he was sprayed with a chemical irritant. An autopsy later concluded he had died of natural causes, after suffering two strokes, though chief medical examiner Francisco J. Diaz said, "all that transpired played a role in his condition."

Sandra Garza, formerly Sicknick's partner, has launched legal action against Trump and two rioters who pleaded guilty over their role in the assault on Sicknick. The complaint alleged Sicknick's death was "a direct and foreseeable consequence" of the actions of Trump, and the two rioters, who "are responsible for the injury and destruction that followed."

Singling out Trump, it said the then president had made "express calls for violence," along with "incendiary allegations of fraud and theft."

Trump's legal team has moved to have the case dismissed, stating Sicknick's death was "a tragedy," but not one "for which President Trump is liable."

Their motion continued: "Plaintiff's Complaint relies upon cherry-picked statements intended to mischaracterize political speech as unlawful conspiracy, fails to take into account President Trump's repeated and unequivocal urging for peace, and simply ignores the absolute immunity provided by the Constitution to President Trump."

Department of Justice lawyers had previously rejected Trump's claim to have absolute immunity, arguing: "A President's speech on a matter of public concern is not protected by absolute immunity if it constitutes incitement to imminent private violence."

During his speech before the January 6 riot, Trump urged his supporters to "fight like hell" to prevent the certification of Joe Biden's election victory, though he also asked them to march on Congress "peacefully and patriotically."

Newsweek has contacted Donald Trump for comment via his official website.

Trump, who arrived in New York on Monday, has been in consultation with his legal team at Trump Tower; he is due for his arraignment on Tuesday.

He is accused of having broken campaign finance laws by orchestrating the payment of $130,000 to Daniels, to cover up an alleged affair. Trump has strongly denied both any financial wrongdoing and having a sexual relationship with Daniels, stating the case is "political persecution and election interference at the highest level in history."