Fox News Flash top headlines for March 2
Fox News Flash top headlines are here. Check out what's clicking on Foxnews.com.
Police who responded to the pro-Trump storming of the U.S. Capitol on Jan. 6, 2021, can sue former President Donald Trump in court, the Justice Department announced Thursday.
The DOJ made the announcement in a filing before a federal appeals court. It pertains to efforts by two U.S. Capitol Police officers and 11 Democratic lawmakers to sue Trump for his role in the Jan. 6 riots, alleging psychological damage.
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.
PA JURY ACQUITS PRO-LIFE ACTIVIST MARK HOUCK ON CHARGES OF OBSTRUCTING ABORTION CLINIC ACCESS
Former President Donald Trump pauses as he speaks at a rally in Florence, Arizona, on Jan. 15, 2022. (AP Photo/Ross D. Franklin)
Capitol Police officers and Democratic lawmakers can sue former President Donald Trump for his role in inciting the Jan. 6 riots, 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.
LEVIN: WE HAVE MOST DANGEROUS FBI, DOJ IN HISTORY OF BOTH AGENCIES
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.
More from Politics
Fox News Politics
Get the latest updates from the 2024 campaign trail, exclusive interviews and more Fox News politics content.
By entering your email and clicking the Subscribe button, you agree to the Fox News Privacy Policy and Terms of Use, and agree to receive content and promotional communications from Fox News. You understand that you can opt-out at any time.