The US Justice Department on Thursday 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 US Capitol on 6 January 2021.

The US 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 as president when he told a crowd of supporters he would never concede the 2020 election and to “fight like hell” ahead of the congressional certification of president Joe Biden’s electoral victory.

The appeals court heard arguments in the case in December.

The US Supreme Court held in 1982 that presidents could not be sued over their official acts. But US District Judge Amit Mehta ruled last February that Trump’s fiery speech on 6 January did not fall within his official scope of duties, allowing the lawsuits to proceed. Trump is appealing that ruling.

The Justice Department said in Thursday’s filing that it was not taking a stance on whether Trump’s speech encouraged the Capitol riots. However, it told the court that “incitement of imminent private violence” would not fall within the scope of a president’s official duties.

Lawyers for Trump and the plaintiffs in the lawsuits did not immediately respond to requests for comment.

Democrats in Congress and police officers have filed several civil lawsuits over the Capitol riots, with some alleging that Trump conspired with others to block the certification of Biden’s 2020 election win.

The Justice Department has weighed in on litigation targeting US officials’ 6 January conduct.

In July 2021, it rejected a request by Mo Brooks, who was a Republican Congressman at the time, to defend him from a lawsuit by Democratic House member Eric Swalwell. The department said allegedly inciting an attack on the US Capitol would not fall “within the scope of employment of a representative – or any federal employee.”

At the same time, the Justice Department is defending Trump in a defamation case from the writer E. Jean Carroll, who has accused the former president of raping her in the mid-1990 over statements he made while in office disparaging Carroll and her claims.

Justice Department lawyers have said Trump is immune from the defamation lawsuit. In January, a different Washington appeals court heard arguments on whether Trump was acting as president under local law when he commented and was expected to rule on the immunity question.