WASHINGTON — The Justice Department told a federal court that it should allow a lawsuit to proceed against former President Donald J. Trump by members of Congress and Capitol Police officers over the attack by his supporters on Jan. 6, 2021, after he delivered a fiery speech falsely claiming that the 2020 election had been stolen from him.
In a 23-page brief, lawyers for the Justice Department’s civil division told the U.S. Court of Appeals for the District of Columbia Circuit that if Mr. Trump’s speech to his supporters at a nearby rally had incited the riot, then he was not shielded by immunity.
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