Justice Dept. Tries to Intervene on Trump's Behalf in Jan. 6 Lawsuits

[mahatmakanejeeves]

Source: New York Times

Justice Dept. Tries to Intervene on Trump's Behalf in Jan. 6 Lawsuits

The department employed a maneuver that could protect the president from legal and financial consequences in a series of civil suits.


Supporters of Mr. Trump outside the Capitol during the attack on Jan. 6, 2021, in Washington. Kenny Holston for The New York Times

By Alan Feuer
March 20, 2025

The Justice Department made an unusual effort on Thursday to short-circuit a series of civil lawsuits seeking to hold President Trump accountable for his supporters' attack on the Capitol on Jan. 6, 2021.

Department lawyers argued in court papers filed to the judge overseeing the cases that Mr. Trump was acting in his official capacity as president on Jan. 6 and so the federal government itself should take his place as the defendant. That move, if successful, could protect Mr. Trump from having to face judgment for his role in the Capitol attack and from having to pay financial damages if he were found liable.

The legal maneuver appeared to be Mr. Trump's latest effort to use the powers of the Justice Department to his advantage by effectively having himself removed from the lawsuits, which were brought against him by groups of Capitol Police officers and lawmakers who claim they were injured when the mob stormed the building.

The suits are the last remaining effort to hold Mr. Trump responsible for his role in the Capitol attack after two Jan. 6-related criminal cases against him collapsed last year. ... The department's attempt to place the federal government itself in the lawsuits' line of fire instead of Mr. Trump hinges on whether lawyers can persuade the federal judge overseeing the suits, Amit P. Mehta, that Mr. Trump was in fact acting in his official capacity as president on Jan. 6.

{snip}

Alan Feuer covers extremism and political violence for The Times, focusing on the criminal cases involving the Jan. 6 attack on the Capitol and against former President Donald J. Trump. More about Alan Feuer
https://www.nytimes.com/by/alan-feuer

Read more: https://www.nytimes.com/2025/03/20/us/politics/jan-6-lawsuits.html

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Reposted by Aaron Reichlin-Melnick
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Kyle Cheney
‪@kyledcheney.bsky.social‬
https://bsky.app/profile/kyledcheney.bsky.social

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JUST IN: After years of litigation about Trump's civil liability for Jan. 6, the Justice Department is now moving to substitute itself for Trump in the lawsuit, saying Trump was acting in his official capacity on Jan. 6.

March 20, 2025 at 8:33 PM
https://bsky.app/profile/kyledcheney.bsky.social/post/3lktxnhkd5r2h

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Joshua G. Schraiber
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Holy shit they're using Trump v US. I hope Roberts is super duper happy.
March 20, 2025 at 8:34 PM
https://bsky.app/profile/jgschraiber.bsky.social/post/3lktxowydps2t

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Jeff Sabin
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This is for civil immunity, so they’re referencing 1982’s decision in Nixon v. Fitzgerald.
March 20, 2025 at 8:53 PM
https://bsky.app/profile/texanokie07.bsky.social/post/3lktys4q5gs22

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Joshua G. Schraiber
‪@jgschraiber.bsky.social‬
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Ah good catch. I read too fast.
March 20, 2025 at 8:54 PM
https://bsky.app/profile/jgschraiber.bsky.social/post/3lktytbkkgc2t

[Karasu]

1. Nothing fascist about that.

[SunSeeker]

2. Every judge who has considered this has ruled that Trump was not acting in official capacity.

They determined that when he rallied his supporters on January 6, he did it to overturn the election, which has nothing to do with his official duties.

And DOJ should not be defending him, since he is only entitled to DOJ defense for actions that are part of his official duties.

[republianmushroom]

3. Where are the DU'ers DOJ cheerleaders ?

[LetMyPeopleVote]

4. Trump's Justice Department seeks to shield president in Jan. 6 civil cases

The president is still facing several civil suits related to Jan. 6, though his Justice Department is trying to prevent this approach to accountability.
https://bsky.app/profile/hategop.bsky.social/post/3lkw373xaks2k

In the thug’s politicization of the justice system, Trump’s DOJ seeks to shield president in Jan. 6 civil cases.
The president is still facing several civil suits related to Jan. 6, though his Justice Department is trying to prevent this approach to accountability.

https://www.msnbc.com/rachel-maddow-show/maddowblog/trumps-justice-department-seeks-shield-president-jan-6-civil-cases-rcna197505

There is, however, another potential avenue for accountability — a series of civil lawsuits filed against Trump — though as The New York Times reported, the Justice Department appears to be taking steps to derail this option, too.

The Justice Department made an unusual effort on Thursday to short-circuit a series of civil lawsuits seeking to hold President Trump accountable for his supporters’ attack on the Capitol on Jan. 6, 2021. Department lawyers argued in court papers filed to the judge overseeing the cases that Mr. Trump was acting in his official capacity as president on Jan. 6 and so the federal government itself should take his place as the defendant. That move, if successful, could protect Mr. Trump from having to face judgment for his role in the Capitol attack and from having to pay financial damages if he were found liable.

The Times’ report, which has not been independently verified by MSNBC or NBC News, added that the legal maneuver appeared to be the latest effort to use the powers of the Justice Department to Trump’s advantage “by effectively having himself removed from the lawsuits.”

For those who might benefit from a refresher, in the aftermath of the insurrectionist violence, among those who filed lawsuits against Trump were police officers injured during the insurrectionist violence. In fact, multiple cases were filed:

In March 2021, two Capitol Police officers, James Blassingame and Sidney Hemby, sued Trump, claiming he was liable for the injuries they suffered during the riot.

In August 2021, seven more police officers who were attacked and beaten during the Capitol riot sued the former president.

In January 2022, three more police officers — including two who aided the evacuation of lawmakers — sued Trump, seeking damages for their physical and emotional injuries.

In January 2023, the longtime partner of Capitol Police Officer Brian Sicknick, who died after the Jan. 6 riot, filed a wrongful death civil suit against Trump.

Those civil cases have since been consolidated and are pending before U.S. District Court Judge Amit P. Mehta......

It’s against this backdrop that the Justice Department decided to intervene. The Times’ report added, “The department has argued that under the law federal officials acting within the scope of their office or employment cannot be sued personally, and that in such instances the government is the only entity that can be targeted.”

It’s an argument rooted in the idea that those who claim to have been harmed by the president’s actions on Jan. 6 should be able to sue the federal government, but shouldn’t be able to sue the Republican directly.

Will this work? Watch this space.

There are a couple of more lawsuits filed by congressmen for trump's actions. Trump's actions were those of a candidate and so are not protected by any privilege