• Trump argues he spoke in an official capacity when he told Jan. 6 crowd at the STOP THE STEAL rally to ‘fight like hell’ 
  • DOJ lawyers argue that ‘inciting’ rhetoric is not protected
  • Lawmakers and Capitol Police want Trump held liable for injuries 

The Justice Department argues in a new legal filing that President Donald Trump can be held liable for his January 6 speech where he told a crowd of supporters to ‘fight like hell’ before a crowd attacked the Capitol.

The new 32-page filing, released after months of deliberations, cites a Reconstruction-era statute targeting the Ku Klux Klan that allows for damages when intimidation threats prevent officials from being able to carry out their duties.

‘Presidents may at times use strong rhetoric. And some who hear that rhetoric may overreact, or even respond with violence,’ DOJ lawyers wrote. But they argued that First Amendment protections don’t apply to speech ‘directed at inciting or producing imminent lawless action.’

The government lawyers also argue that while courts have ruled the president does not enjoy absolute immunity from his official acts, ‘It is not a rule of absolute immunity for the President regardless of the nature of his acts.’

Capitol Police officers and lawmakers are suing, arguing that Trump should be held liable for physical and psychological injuries they sustained when a pro-Trump mob stormed the Capitol.

They argued ‘persuasively’ that Trump’s statements ‘encouraged imminent private violent action and was likely to produce such action.’

A footnote highlights that the argument applies only to a ‘private suit for damages.’

‘In addressing that question, the United States does not express any view regarding the potential criminal liability of any person for the events of January 6, 2021, or acts connected with those events,’ the lawyers wrote – as DOJ continues its wide-ranging January 6 probe.

The Klan statute ‘prohibits conspiring to impede officers of the United States in the discharge of their duties or to prevent any person from accepting a federal office,’ the government wrote.

In the filing, the DOJ urged an appeals court to reject former President Donald Trump’s claim that he is automatically immune from lawsuits over his supporters’ assault on the U.S. Capitol on Jan. 6, 2021.

The U.S. Court of Appeals for the District of Columbia Circuit had asked for the Justice Department’s view as it weighs whether to allow civil lawsuits against Trump over the riot.

Trump had argued that he was acting in his official capacity as president when he told a crowd of supporters at the STOP THE STEAL rally that he would never concede the 2020 election and to ‘fight like hell’ ahead of the congressional certification of President Joe Biden’s electoral victory.