Biden's Justice Department Supports Donald Trump in DC Protest Lawsuit
The federal government asserts that the previous president "was acting within the scope" of his office.
In a late Monday notice filed in a Washington federal court, Justice Department attorneys stated that Trump qualifies for governmental support in the lawsuit as it relates to his role as president.
“On the basis of the information now available … I find that Donald J. Trump was acting within the scope of federal office or employment at the time of the incident out of which the plaintiffs’ claims arise,” James Touhey Jr., the head of the Torts Branch in DOJ’s Civil Division, wrote.
Additionally, Justice Department lawyers have requested that the charges against Trump be dismissed.
A Justice Department spokesperson opted not to comment on the issue when approached.
The attorney representing the plaintiffs, affected by the clearing of Lafayette Park during the protests sparked by George Floyd’s death, has yet to reply to inquiries for comments.
This development marks another chance for the legal system to examine Trump’s presidential actions and his potential legal accountability for them. The Supreme Court previously ruled in July that presidents have extensive criminal immunity for actions considered part of their official duties.
DOJ’s involvement in defending Trump in civil matters has stirred controversy previously.
Back in September 2020, then-Attorney General Bill Barr faced backlash for opting to represent Trump in a defamation lawsuit filed by E. Jean Carroll, who accused him of rape—a claim he denied. When President Joe Biden entered office in 2021, Attorney General Merrick Garland initially maintained this stance, leading to criticism from Democrats due to the personal nature of the allegations.
However, following new factual revelations last year, the Justice Department withdrew its support for Trump in this case. In subsequent lawsuits, Carroll won substantial verdicts against Trump totaling approximately $88.3 million.
The decision to step in and potentially take on liability for Trump in the Lafayette Square lawsuit comes over four years after the events, delayed by prolonged litigation. Initially, Trump was sued only in his presidential capacity, preventing any financial penalties. Yet, in March, U.S. District Court Judge Dabney Friedrich allowed plaintiffs to modify their lawsuit to pursue damages from Trump personally, with adjustments made to the lawsuit the subsequent month.
Last year, the Justice Department also settled parts of the Lafayette Square lawsuits, agreeing to modifications in the Park Police and Secret Service’s policies to enhance protection for protesters.
Lucas Dupont for TROIB News