![]() Representative Eric Swalwell’s (D-CA) lawsuit against former President Trump, Donald Trump Jr., Representative Mo Brooks (R-AL), and Rudy Giuliani could likewise reveal the inadequacy of the existing legal framework. We concluded that, although a judge can reject a “scope of employment” certification by the Department of Justice, thereby allowing claims to proceed against an official in their private capacity, existing law remains “woefully inadequate when it comes to holding individual federal officers and the federal government liable for many (if not most) torts, including constitutional torts.” ![]() Steve Vladeck and I analyzed the issues in that case in a prior article. Jean Carroll that then-President Trump’s “allegedly defamatory statements” were made within the scope of his employment as an elected official even though they were “prompted by press inquiries about the official’s private life.” Consequently, the Department continues to argue in that case that the United States, and not Trump personally, is the proper defendant-an argument rejected by the trial court. This includes the Department’s decision to argue on appeal in the defamation case brought against Donald Trump by E. ![]() ![]() Attorney General Merrick Garland has faced blowback for his “ institutionalist approach” to managing the Department of Justice, which critics say doesn’t go far enough in undoing the damage wrought by his predecessor William Barr. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |