The Department of Justice declined to support former President Trump in his attempt to receive immunity from civil suits seeking to hold him responsible for his role in the Jan. 6, 2021, insurrection at the U.S. Capitol.

Trump faces civil suits from two officers with the U.S. Capitol Police and 11 Democratic House members, seeking to hold him liable for physical and psychological injuries suffered during the attack.

"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," wrote lawyers for the DOJ's Civil Division in a filing released Thursday. "But that traditional function is one of public communication. It does not include incitement of imminent private violence."

Trump and his legal team have argued the former president has "absolute immunity" from the civil suits, citing powers conferred on a president performing his official duties.

The DOJ's announcement comes on the heels of Trump's appeal of a lower court ruling that says his efforts to "secure or perpetuate incumbency" were not part of his White House role that otherwise prevents the president from facing civil suits for actions taken through the office.

As the appeals court sifted through the evidence showing Trump drawing thousands of supporters to Washington and telling them they had to "fight like hell" to keep Congress from certifying the results of the 2020 election, it decided to bring in the DOJ for an outside opinion.

The DOJ remained succinct in its brief, arguing the broad protections for the president should not cover statements inciting violence.

"His briefs advance only a single, categorical argument: A President is always immune from any civil suits based on his 'speech on matters of public concern'...even if that speech also constitutes incitement to imminent private violence. The United States respectfully submits that the Court should reject that categorical argument," wrote the DOJ.

The department also warned in its brief that the "court must take care not to adopt rules that would unduly chill legitimate presidential communication" as well as burdening a president with undue lawsuits.

"In exercising their traditional communicative functions, Presidents routinely address controversial issues that are the subject of passionate feelings. Presidents may at times use strong rhetoric. And some who hear that rhetoric may overreact, or even respond with violence," the department wrote.

"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," continued the filing.

Ultimately, although the DOJ does not make a determination on the allegation that Trump incited the Jan. 6 riot, it concludes that only the "plausibly allege[d]" claims described conduct outside the scope of a president's official duties.

Trump remains under investigation by the DOJ for his efforts to overturn the 2020 election.

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