DOJ’s bid to block Trump deposition fails once more.

The Department of Justice’s⁤ Appeal to ⁤Block Trump’s Testimony Rejected

The ⁣Department ‍of​ Justice’s (DOJ) latest appeal to block former President‍ Donald Trump from ‌being deposed in a lawsuit against the agency was rejected (pdf)⁣ when the ⁤D.C. Appeals ⁢Court ruled, as a lower court did in July, that the former⁤ president ​could testify.

Former FBI ⁣agent Peter Strzok sued the agency, alleging wrongful termination, and former ⁣FBI personnel Lisa Page is suing the agency, alleging invasion of privacy. The two were ​spotlighted ⁣in the “Russiagate”⁣ scandal, where the agency investigated‍ ties between the former president and⁤ Russia in the 2016 elections and⁣ ultimately could not bring charges. Text messages between ⁢Mr. Strzok and Ms. Page‍ were ‍publicized, revealing their bias‍ against the then-presidential candidate.

Mr. Strzok had led the ⁤investigation​ into President Trump, and the DOJ later concluded that ⁤the bias revealed‍ “cast a ⁢cloud” ‍over⁤ the‍ investigation. Ms. Page had resigned, but alleged in her lawsuits that the‍ invasion ​of privacy stemming from the publicized text messages made her⁢ a target of “frequent‌ attacks ‌by the President⁢ of‌ the United States, as well ‌as his allies and supporters.”

The district appeals court found that the “extraordinary⁢ circumstances” required to have a high-level official ‍testify ​were met ⁢in this case and that the DOJ⁣ did ‍not properly show an argument that ‍the lower court’s decision to ⁢allow it constituted a “clear abuse of discretion,” as they claimed.

DOJ: No Need for President’s Testimony

The DOJ has argued multiple times that there is no need for President Trump to​ testify.

Earlier‌ this year, the department made the argument that FBI Director⁢ Christopher Wray’s​ deposition would suffice to provide any evidence President Trump​ would have been called to provide ⁣in his testimony. U.S. District Judge Amy Berman Jackson, an⁤ appointee of former President Barack Obama, had allowed a stay on deposing President​ Trump ⁤in the ⁣meantime.

Then, in June, following a ​request from Mr. Strzok’s team⁣ and opposition from the DOJ, Judge ⁢Jackson ‍ruled that President Trump could be deposed, given the ⁤”limited nature” of the deposition and the fact that the former president, ⁢who‍ is now campaigning ‌for the 2024 presidency,⁢ seemed to have time in his schedule “to be able ‍to accommodate other civil litigation that he has initiated.”

The DOJ argued that there was ⁣no evidence Mr. Strzok’s firing had to do ⁣with President Trump. The FBI had stated,‍ when Mr. Strzok was terminated, that the agent was​ “subject to ​the standard FBI review ‌and disciplinary process” prior to​ the decision.

“Only the most extraordinary of circumstances would justify allowing a ‌plaintiff to depose a former high-level official about actions he took in ⁢the course of his official duties. This ‌case falls far short of that standard,” ‌the department ‌argued in appellate court after ​Judge Jackson upheld her ruling to allow the deposition of ⁢President Trump.

They argued that ⁢former White​ House Chief of Staff John Kelly, and ​Mr. Wray, have ⁣already testified, rendering the deposition unnecessary.

“Strzok hardly needs to ​confirm whether⁢ the President expressed the same views in meetings in the Oval Office,” ⁣the DOJ added.