Donald Trump wants a court to grant him immunity from civil suits related to the January 6, 2021, Capitol riot.
The Trump team filed an appeal in the US Court of Appeals for the District of Columbia Circuit.
In lawsuits related to the Capitol riot, Trump could be held civilly liable.
Mehta said that the repeated use of the word "we" implied that Trump and rally-goers would have been acting together towards a common goal.
The essence of a civil conspiracy is that.
Josh Gerstein shared the filing by the Trump team on Wednesday night.
Trump's lawyers argued in the filing that there are ways to punish a president for bad behavior.
They wrote that the Democratic-controlled House had already taken Trump to task for the riot and that any further lawsuits would be harassment. A majority of the Senate voted to acquit Trump.
Hyperbole about the violence of January 6 should not undermine Trump's protection from legal action as a former president.
"President Trump is protected by absolute presidential immunity because his statements were on matters of public concern and therefore well within the scope of the robust absolute immunity afforded all presidents," the filing states.
According to the former president's lawyers, Trump wants oral arguments in the case to answer an important constitutional question.
Rolling Stone reported that Trump believes he will be granted legal immunity if he runs for president. The former president is facing a number of legal problems.
The Department of Justice could look into his involvement in the Capitol riot. Attorney General Garland said last week that the DOJ was looking into who was responsible for the riot.