Former President Donald Trump’s attorney on Monday argued in court that Trump cannot be sued for statements he made prior to the Jan. 6 breach of the U.S. Capitol building as they were protected speech and he was acting within the scope of his official presidential duties.

Trump’s lawyer, Jesse Binnall, said during a five-hour court hearing in Washington before U.S. District Judge Amit Mehta that Trump was “immune,” or shielded, from three lawsuits by Democratic members of Congress and two police officers.

“Executive immunity must be broad,” Binnall said.