In the tweet, Trump said his vice president at the time, Mike Pence, “didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”

Previously, U.S. District Judge Amit Mehta largely denied Trump’s immunity claims. The president is appealing that loss. In the meantime, plaintiffs asked the Obama-appointed judge in Washington to reconsider the partial ruling against them regarding that tweet.

In their reconsideration motion, they said the record showed that Trump wasn’t acting in an official capacity when he sent the tweet at 2:24 p.m. that day, a message they said “targeted Pence and egged on rioters.” They said that the president presented “zero facts indicating he was acting in his official capacity at 2:24 p.m.,” and that the tweet wasn’t a presidential action but rather “the activity of an office seeker.”