Former President Donald Trump can be sued for actions he took leading to the Jan. 6 attack on the U.S. Capitol, a federal appeals court panel ruled on Friday.

Trump had sought to dismiss the cases brought by members of Congress and police officers harmed by the events of Jan. 6, 2021, before evidence is presented, arguing that he acted in his official capacity as president when delivering a speech ahead of the riot.

But the D.C. Circuit Court of Appeals rejected Trumps preemptive dismissal request, saying he will have to prove that he was acting in an official capacity during the case.

President Trump has not demonstrated an entitlement to dismissal of the claims against him based on a Presidents official-act immunity, the courts ruling said.

The 3-0 decision was written by Judge Sri Srinivasan, a Barack Obama appointee. Judge Gregory Katsas, a Trump appointee, issued a concurrence, and Judge Judith Rogers, a Bill Clinton appointee, wrote her own concurrence joining only the part of Srinivasans decision rejecting Trumps dismissal request.

The courts ruling requires the lawsuit to continue, but does not preclude Trump from asserting that his actions were done in his official capacity during those future proceedings. The ruling does, however, strongly suggest such arguments are unlikely to win the day. The judges suggested Trump was acting in his capacity as a candidate for reelection when he baselessly questioned the election results in the run-up to Jan. 6, rather than in his capacity as president.

The ruling stems from three separate lawsuits seeking damages for physical and psychological harm caused by Trumps alleged incitement of the Jan. 6 attack on the Capitol. The cases include one brought by Rep. Eric Swalwell (D-Calif.), another brought by 11 Democratic House members, and a third brought by U.S. Capitol Police officers James Blassingame and Sidney Hemby.