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DOJ Supports Trump in 2020 Protesters' Lawsuit Defense

 August 21, 2024

The Justice Department has determined that the government should support former President Donald Trump in a civil suit over the June 2020 dispersal of racial justice protesters near the White House.

The decision confirms that Trump’s actions were part of his official duties, which may shield him from liability, Newsmax reported.

The lawsuit accuses Trump of violating the rights of demonstrators who were cleared from Lafayette Park during protests following the murder of George Floyd by Minneapolis police. This event drew national attention to Trump’s actions during the tumultuous period.

On Monday, DOJ attorneys filed a notice in a federal court in Washington, arguing that Trump’s conduct fell within the scope of his presidential responsibilities. James Touhey Jr., head of the DOJ's Torts Branch, affirmed in the filing that Trump acted in his official capacity.

The DOJ has also requested the court dismiss the lawsuit, highlighting the ongoing legal debate about presidential immunity and its limits.

DOJ's Legal Stance Influenced by Supreme Court Decision

The DOJ's stance aligns with a recent Supreme Court ruling in July, which reaffirmed the broad scope of presidential immunity for actions taken in an official capacity. This precedent guided the DOJ's decision to defend Trump in the civil suit.

Last year, the lawsuit related to the Lafayette Square protests saw resolution of some parts, leading to policy changes for the Park Police and Secret Service aimed at better protecting protesters' rights during demonstrations.

Despite these changes, the core of the lawsuit continued, challenging the actions taken under Trump's orders in 2020. This has created a complex legal scenario, where scrutiny focuses on past and current DOJ positions on similar cases.

Previous Legal Decisions Impact Current DOJ Stance

In a notable 2020 case, Trump’s then-Attorney General, Bill Barr, personally took over the defense in the E. Jean Carroll civil defamation lawsuit. Although Attorney General Merrick Garland, appointed by President Joe Biden in 2021, initially continued this defense, the DOJ later withdrew its support in the Carroll case.

The DOJ withdrew its support after Carroll won significant financial damages in a lawsuit that included claims of sexual assault and defamation. This case, among others, has shaped public and political perceptions of the DOJ's role in defending former presidents.

The DOJ's approach to Trump's defense in the racial justice protesters' lawsuit may also reflect these broader legal and political dynamics, especially as it contrasts with the DOJ’s shifting stance in the Carroll case.

Legal and Political Repercussions of DOJ's Decision

The DOJ's support for Trump has implications that extend beyond the immediate legal battles. It touches on constitutional principles and the balance of power among branches of government.

Critics from the Democratic side have voiced concerns about the precedent this support sets for presidential conduct and the accountability of executive actions, particularly when they lead to civil rights challenges.

Moreover, the decision highlights the ongoing debates within American politics about the extent of presidential immunity and its impact on justice and accountability.

As this legal drama unfolds, the outcomes will likely have long-lasting effects on how former presidents are held accountable for actions taken while in office. The debate also casts a spotlight on the DOJ’s role in politically sensitive legal matters, emphasizing the delicate balance between law and politics.

Further Developments Expected in Federal Court

As the DOJ has declined to comment further on the matter, the legal community and the public remain keenly interested in the federal court’s response to the motion to dismiss the lawsuit.

The plaintiffs’ attorney has not yet commented on the latest DOJ filings. The anticipation builds around whether the court will accept the DOJ’s argument or if the plaintiffs will discover new avenues to challenge the decision.

This legal case remains a pivotal point for discussions on civil liberties, presidential authority, and the intersection of law and executive power in the United States.