DOJ promises to cover Trump’s costs over 2020 protest lawsuit

The Justice Department on Monday agreed the federal government will cover costs if former President Donald Trump is found liable for violating protesters’ rights during the forcible removal of protesters from a park near the White House in June 2020.

In a notice filed Monday in federal court in Washington, D.C., DOJ attorneys argued that Trump is entitled to government support because the claims are connected to his actions as president. James Touhey Jr., head of the DOJ’s Torts Branch, wrote that Trump was “acting within the scope” of his federal duties during the incident, which led to the civil case.

The DOJ also included a motion to dismiss the claims against Trump.

This case is one of several arising from the clearing of protesters from Lafayette Square during nationwide demonstrations following George Floyd’s death shortly after entering the custody of Minneapolis police in 2020. Once the group of protesters was broken up, Trump and other officials posed for photos outside of St. John’s Episcopal Church, where the former president held up a Bible.

The DOJ’s response offers the courts another chance to evaluate Trump’s actions while in office and determine if he can be held legally responsible. It comes as the Supreme Court recently ruled on July 1 that presidents have broad immunity for actions deemed part of their official duties.

Under the Biden administration, the DOJ has backtracked on previous protections the DOJ afforded to Trump. In 2020, then-Attorney General Bill Barr faced criticism for taking over Trump’s defense in a defamation case brought by writer E. Jean Carroll. Although Attorney General Merrick Garland initially supported this stance after Biden took office, the DOJ later reversed its position.

This latest move by the DOJ comes more than four years after the Lafayette Square incident, as the related litigation has progressed slowly.

The incident was marred by critics who accused Trump of clearing the protesters in order to stage a photo-op outside the church. In 2021, a report from the Interior Department’s inspector general found U.S. Park Police did not clear the park for Trump and already had plans to clear the park before they knew about the then-president’s intentions.

The Washington Examiner contacted an attorney for the plaintiffs in the suit.