The Department of Justice (DOJ) is willing to take responsibility for actions taken by former President Trump against protesters in 2020.
The DOJ submitted a court filing on Monday certifying that Trump was acting within the scope of his office when he ordered the National Guard to disperse rioters gathered near the White House following the death of George Floyd.
“On the basis of the information now available with respect to the claims set forth therein, I find that Donald J. Trump was acting within the scope of federal office or employment at the time of the incident out of which the plaintiffs’ claims arise,” wrote James Touhey Jr., head of the Torts Branch in the DOJ’s Civil Division
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Then-President Trump holds a Bible while visiting St. John’s Church across from the White House after the area was cleared of people protesting the death of George Floyd in Washington, D.C. (BRENDAN SMIALOWSKI/AFP via Getty Images)
Three individuals who were protesting on Lafayette Square in 2020 following Floyd’s death are seeking damages from Trump over the National Guard’s use of chemical weapons to disperse the rioting crowd.
Plaintiffs claim their constitutional rights were violated when military personnel cleared and secured the square on the order of then-President Trump — officers used pepper balls and smoke bombs to force protesters away.
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Law enforcement also shoved and physically forced protesters out of the area.
Police officers clash with protesters near the White House amid demonstrations against George Floyd’s death. (JOSE LUIS MAGANA/AFP via Getty Images)
The DOJ has already requested the plaintiffs’ cases to be thrown out for lack of evidence that any constitutional rights were violated.
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A federal judge tossed the majority of cases surrounding the incident in 2021.
Attorney General Merrick Garland testifies before the House Judiciary Committee in the Rayburn House Office Building on Capitol Hill on June 4, 2024 in Washington, D.C. (Chip Somodevilla/Getty Images)
The DOJ’s certification that Trump was acting within the boundaries of his federal office means that the department will be responsible for any liabilities found against the former president.
The case presents the latest opportunity for judges to implement and clarify the Supreme Court’s July ruling that recognized the president enjoys broad immunities while conducting official business.