Former President Donald Trump could possibly be sued for injuries that occurred during the Jan. 6, 2021, unrest at the Capitol, the Department of Justice said on Thursday.
Two officers with the U.S. Capitol Police, along with 11 Democrat House members, are reportedly attempting to make Trump liable for physical and psychological injuries suffered during the Capitol rally.
Trump has previously argued he should have been shielded from lawsuits and granted immunity for a then-sitting president performing his official duties, according to The Washington Post.
"Speaking to the public on matters of public concern is a traditional function of the Presidency, and the outer perimeter of the President's Office includes a vast realm of such speech," attorneys for the DOJ's Civil Division wrote. "But that traditional function is one of public communication. It does not include incitement of imminent private violence."
Trump's opponents have focused on his comment of encouraging U.S. citizens to "fight like hell" that day, in terms of convincing Congress not to certify the results of the 2020 presidential election, the Post reports.
Conversely, Trump proponents point to a video from Jan. 6, in which Trump implored the masses to "peacefully and patriotically" rally in the streets of Washington, D.C.
The DOJ attorneys cited a previous case involving the Ku Klux Klan — a 1969 ruling that speech "directed at inciting or producing imminent lawless action" or "likely to incite or produce such action" was not protected by the First Amendment.
In a written argument, the DOJ attorneys reasoned: "Just as denying First Amendment protection to incitement does not unduly chill speech in general, denying absolute immunity to incitement of imminent private violence should not unduly chill the President in the performance of his traditional function of speaking to the public on matters of public concern."
According to the Post, a district court has ruled the First Amendment does not protect Trump's conduct.
However, the officers' lawsuit remains at the preliminary stage; and at this time, the DOJ has not commented on whether the allegations against Trump — regarding the events of Jan. 6, 2021 — were valid.