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1:22Now PlayingDOJ says Trump 'doesn't deserve absolute immunity' in Jan. 6 lawsuits | USA TODAY
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1:22Now PlayingThe three lawsuits each accuse former President Donald Trump of inciting the riot and seek to hold him responsible for it.
RELATEDAttorney General Merrick Garland testifies before Senate committee
"No part of a President’s official responsibilities includes the incitement of imminent private violence," department lawyers said in an appeals court filing. "By definition, such conduct plainly falls outside the President’s constitutional and statutory duties."
A three-judge panel of the D.C. Circuit Court of Appeals will decide whether to allow the lawsuits to continue. The panel heard oral arguments about whether to dismiss the cases in December, but asked the Justice Department to weigh in.
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