Federal appellate judges struggled Wednesday with whether former President Donald Trump must face lawsuits accusing him of conspiring with extremists in the Jan. 6 attack on the Capitol, especially given there’s a “colorable case” the former president incited the riot as one panel member noted.

Judge Gregory Katsas questioned how far presidential immunity can stretch when the conduct at issue involves allegations of a president using a speech to stir up a mob of supporters to stop Congress from certifying an election.