It doesn’t take a rocket scientist to figure out that radical Democrats everywhere have jumped on the bandwagon regarding opportunities to cast blame on former President Donald Trump for the January 6th riot and storming into the capitol. However, there is a new twist where it appears that President Joe Biden’s Department of Justice might now be forced to defend Trump in a lawsuit relating to this incident.
Earlier this month, the Civil Division of the Justice Department trotted out their acting head Brian Boynton, and for once someone argued IN FAVOR of Donald Trump, who has become embroiled in a lawsuit coming from E. Jean Carroll. She accused Trump of sexually assaulting her, and he fired back that she was “totally lying.” Well, because Carroll was accused of being a liar, she sued President Trump for defamation. However, Boynton filed a brief on June 7th that said that Trump was merely acting within the scope of his duties by responding to the allegation.
“When members of the White House media asked then-President Trump how he was handling Ms. Carroll’s serious allegations of wrongdoing, they did post the questions to him within his capacity as U.S. President,” Boynton said.
“Now, when Trump responded to these questions with denials of his wrongdoing through the White House Press Office or in the statements to Oval Office reporters, he was acting within the scope of his office.”
Reuters is now reporting that attorney Philip Andonian is concerned that this case could have implication on the case he is bringing against Trump on behalf of Democratic Representative Eric Swalwell (California). Andonian noted that he found it “alarming” that the DOJ was using this defense for the former president and was concerned that they use this same defense in regards to Trump’s January 6th comments.
To say that this would be a hilariously ironic place for the Biden Department of Justice to be in would be an understatement. The fact that the Biden DOJ defended Trump in a weak lawsuit brought by Carroll, the department may inadvertently forced their own hand, and they may now have no choice but to defend Trump in the January 6th lawsuit as well.
“It would be terribly difficult for the Biden Justice Department to change course now,” Harvard Constitutional Law Professor Laurence Tribe said. To put it figuratively, “They’ve got the Titanic aimed at the iceberg.”
Reuters has always characterized Tribe as “a frequent critic of Trump.” The outlet has reported that he served as a legal adviser to House Democrats during their impeachment trial against Trump.
When you consider all of that, it definitely makes it more notable that Tribe is coming out against the Biden DOJ and admitting that they are in a tough position. When even Trump-haters are admitting that the Biden DOJ might be forced to defend him, then you know that it’s going to be a tough sell.
Of course, there are others who disagree with Tribe. Some think that Trump’s actions on that day were indeed “outside of his responsibilities as president” and that he was promoting an “insurrection and a riot.” Attorney Joseph Sellers is one individual in particular who has this belief. “I don’t think anyone would think that this is within the scope of the president’s legitimate duties to encourage those to interfere with the functioning of another branch of government,” he said.
However, Democrats are encountering several roadblocks regarding the outstanding lawsuits against Trump for his actions on January 6.
First of all, the specific words that Trump used were to “fight like hell.” Is that controversial? Sure. Is it a direct call for his supporters to riot and storm the Capitol Building? Considering how vague these statements are, yet again the case is a hard sell.
Considering that with each of these developments that come out, it is less likely that Trump will be convicted in these hearings, how do you feel about this and the Biden DOJ making such a blunder?