Attorneys with the DOJ's civil rights division wrote in the filing that a president's protected speech "does not include incitement of imminent private violence."
"Presidents may at times use strong rhetoric. And some who hear that rhetoric may overreact, or even respond with violence," the DOJ wrote Thursday, according to the Intercept.
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Former President Donald Trump pauses as he speaks at a rally on Jan. 15, 2022, in Florence, Arizona. (AP Photo/Ross D. Franklin)
Capitol Police and Democratic lawmakers can sue President Trump for his role in inciting Jan. 6, the DOJ says. (AP Photo/Jose Luis Magana)
"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," the DOJ added.
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The DOJ attorneys note that their filing has no bearing on the special counsel's investigation into whether Trump can be criminally charged over efforts to undo the results of the 2020 presidential election ahead of the Capitol riot. The lawyers note that they are not taking a position with respect to potential criminal liability for Trump or anyone else.
The lawsuit is only the latest legal battle involving the former president. He is already facing a criminal investigation by the aforementioned DOJ special counsel. Law enforcement officials in New York are also conducting their own investigation.
Pro-Trump protesters clash with police during the U.S. Capitol riot on Jan. 6, 2021. (Reuters/Shannon Stapleton)
Trump has yet to respond to the DOJ's Thursday announcement.
The Associated Press contributed to this report.