Biden’s Justice Department backs Donald Trump in federal court

The Biden Justice Department is going to bat for Donald Trump in federal court. That’s right, the Justice Department moved to dismiss a case that claims the former president violated the rights of protestors, and also said it would pay the damages if he’s found liable. 

The case goes back to June of 2020 when racial justice protestors were cleared from Lafayette Square, directly in front of the White House, using tear gas and rubber bullets. The plaintiffs claim they experienced throat pain and eye irritation as a result of the tear gas. 

There were allegations that Trump had the protestors forcibly removed from the square so he could hold a photo opportunity in front of St. John’s Episcopal Church, which had been set on fire by protestors. An Interior Department Inspector General report later found that the order to clear the protestors was given so a contractor could install fencing. However, the report also found then-Attorney General Bill Barr had the process sped up for the photo opp, and that there were flaws in the plan’s execution. 

The plaintiffs filed a lawsuit against Trump in his individual capacity for assault and intentional infliction of emotional distress, among other charges. 

The Justice Department said the case should be dismissed because the court lacks proper subject matter jurisdiction, and because the plaintiffs failed to state a proper claim. 

Attorneys for the Justice Department also entered into the court record what’s called a ‘Certification of Scope of Employment’ that states Trump was acting within the scope of federal office or employment at the time of the incident in which the plaintiff’s claims rise. That means the United States gets substituted as the sole defendant in place of Trump. 

This case has been slow moving. The plaintiffs originally filed a suit naming Trump in his official capacity, but that precluded them from receiving monetary damages so they got permission from the judge to file against Trump in his individual capacity. 

According to Politico, the Justice Department reached a partial agreement with protestors in 2022 to change Park Police and Secret Service policies in a way that better protects protestors.