The Ministry of Justice made an unusual effort on Thursday for the Palace Department a series of civil suits that seeks to hold President Trump accountable for his supporters’ attack on the Capitol on January 6, 2021.
Administration lawyers in the papers of the court submitted to the judge who supervises the cases that Mr. Trump was acting in his official capacity as president on January 6, and therefore the federal government itself must take his place as his defendant. This step, if it succeeds, can protect Mr. Trump from having to face his role in the Capitol attack and from having to pay financial damage if it is found responsible.
The legal maneuver seemed to be the latest effort for Mr. Trump to use the powers of the Ministry of Justice in his favor by actually removing the lawsuits, which were brought against him by groups of Capitol police officers and legislators who claim to be injured when they stormed the mob.
The cases are the last remaining effort to agree to Mr. Trump for his role in the Capitol attack after two criminal cases related to January 6 against him last year.
The ministry’s attempt to place the federal government itself in the line of fire in the lawsuits instead of Mr. Trump depends on whether the lawyers can persuade the federal judge who supervises the cases, Amit B. Mihata, Mr. Trump was actually behaving as a president on January 6.
The administration has argued that under the law, federal officials who act in their office or work personally cannot be prosecuted, and that the government is the only entity that can be targeted.
But whether Mr. Trump is acting on January 6 in his official role as an office holder – not in his informal role as a candidate in the 2020 elections – is an open question. Judge Mihata is already considering a separate proposal by Mr. Trump’s lawyer to completely reject lawsuits on the basis that he was acting in his official role as president.
Three years ago in a previous round of suggestions, Judge Mihata refused these same allegations, saying that lawsuits could move to trial. The following year, the Federal Appeal Court agreed greatly with him, but she said that there should be whether Mr. Trump’s speech was near the White House on January 6 and many of the messages he published on that day is presidential or candidate’s work that seeks to re -election.
For more than a year, the lawyers of both Mr. Trump and the plaintiffs were exactly digging in this case, and they recently presented their results to Judge Mihata. If the judge ultimately found, in the context of the proposal to deliver the cases, that Mr. Trump was not performing official duties on January 6, he throws a great key to the new Ministry of Justice’s effort to get him out of the case.
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When he took over the Biden administration, the Ministry of Justice reflected itself. Mr. Trump eventually went to the trial, and he was responsible for the distortion of Mrs. Carroll and forced to pay more than $ 80 million.
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