Last week, Donald Trump appealed the ruling by District Judge Amit Mehta, rejecting all of his legal defenses in the civil damages lawsuits brought against him for his role in fomenting the January 6 invasion of the Capitol. That appeal will force Attorney General Merrick Garland to make some critical decisions regarding his investigations and possible criminal and civil actions against the former president. Here's why.

One of Trump's main defenses in the private civil suits is that he is protected by the absolute privilege afforded presidents for actions taken within the outer perimeter of their official duties. Judge Mehta correctly concluded that Trump's fiery speech inciting his supporters to invade the Capitol, combined with his related activities both before and after, afforded him no shield from civil damages lawsuits and he ordered the cases to proceed to trial. Trump waited the full 30 days before filing his appeal. He had to appeal in order to forestall a discovery process where he will have little choice but to produce documents and answer questions, unless he chooses to plead the Fifth Amendment. He is also likely to raise other defenses that Judge Mehta overruled, including the claim that his 75-minute oration was protected by the First Amendment.