The Department of Justice (DOJ) told a federal judge Thursday that the United States should take President Donald Trump’s place as the defendant in several civil lawsuits seeking to hold him accountable for his supporters’ Jan. 6 assault on the U.S. Capitol.
If successful, the substitution could shield Trump from facing judgement in lawsuits brought by police officers and lawmakers who argue that his actions contributed to the harm they suffered in the Capitol attack.
The unusual move comes amid the Trump administration’s larger effort to erode the DOJ’s long-established independence from the president to advance his political and personal interests.
For the substitution to occur, DOJ officials must convince Judge Amit Mehta, who is overseeing the lawsuits, of their argument that the U.S. must be the defendant because Trump was acting in his official capacity as president Jan. 6.
The DOJ’s argument rests on federal law and Supreme Court precedent that prevents personal civil lawsuits against federal officials acting within the scope of their office or employment.
Mehta, who was appointed by former President Barack Obama, previously allowed the civil lawsuits to go forward by denying the argument that Trump was acting in his official capacity Jan. 6.
A federal appeals court later largely agreed with Mehta though said additional fact-finding should take place to determine exactly if certain actions were done by Trump the president or Trump the re-election candidate.