Why on earth is the Bidens Justice Department defending Donald Trump?
In the age of the 24 hour news cycle, it can be hard to remember things that happened in the past week, let alone several months ago. So just as a reminder, in November 2020, there was a presidential election between Donald Trump and Joe Biden, and the guy from Scranton won. A few months later, in January, Trump left the White House and Biden took office, and then after that, Biden hired a group of people to run various federal agencies on his behalf. Who should be reminded of these events, you may wonder. And the answer is, apparently no. And its not just the last guy on the job thats having a hard time coming to terms with that fact; these are also some of the people working for the Bidens administration, if the way the Justice Department is run is any indication. According to the Washington Post:  The Civil Division of the Department of Justice under President Biden continues Trump-era efforts to represent the former president in a libel suit brought by the author. Jean Carroll, according to an appeal court file Monday night. Carrolls lawsuit that accused Donald Trump two years ago of sexually assaulting her in the 1990s has been stuck in litigation over whether the Department of Justice had standing to represent him on the grounds that his denials in response to his request were made while he was exercising his presidential duties. . The legal move would have forced a judge to conclude that a federal tort law that protects government employees from civil liability applies to a sitting president. Last year, a Manhattan federal judge dismissed the Justice Departments efforts to take the case on the grounds that the two elements were missing from the equation. In September, when then Attorney General Bill Barr first attempted to use the Justice Department to kill Carrolls lawsuit against Trump, it was seen as yet another example of Barr considering himself like Trumps personal lawyer, and suspicious on top of that. As then-University of Texas law professor Steve Vladeck noted, it was not at all standard procedure for the Department of Justice to defend a government official in a private matter, and it was particularly unusual for Justice Department attorneys to attempt to defend Trumps personal behavior from before. he was president! behind a sovereign immunity shield. This is why Barrs involvement was viewed as scandalous by state and federal judges, and no one really believed that the DOJ led by Merrick Garland would continue to fight on Trumps behalf. The Justice Departments attempt to intervene on Trumps behalf was controversial and viewed by critics as an inappropriate offer by Barr to isolate the president from personal liability in what Carrolls lawyers said was a purely personal matter. the alleged conduct having taken place decades before Trump took office. In October, U.S. District Court Judge Lewis A. Kaplan ruled that Trump was not considered a government employee as defined by federal law and was not acting within the scope of his employment when he publicly responded to Carrolls allegations. Kaplan has ruled that Trumps personal attorneys should resume their defense in the ongoing trial. According to the Post, lawyers in the DOJs civil division began the appeal process before Trump left office, when questions persisted as to whether the Biden administration would continue to advance the legal case. Obviously, few, if any, thought this would be the case for a variety of reasons, not the least of which is that the Department of Justice probably has better things to do than defend a pigman who claims to be very wealthy and can afford his own lawyers to answer. to Carrolls rape charge saying, Number one is not my type. Second, it never happened, and then also: [Shes] totally lie. I dont know anything about her. I dont know anything about this woman. I dont know anything about her. Its just a terrible thing that people can make statements like that. (Carroll sued Trump in 2019, months after New York magazine published his claim he raped her in a Bergdorf Goodman locker room in the 1990s. The complaint was filed in response to public insistence of Trump that he and the veteran journalist had never met. (Separately, Carroll exposed Trumps alleged attacks on at least one other woman.) While essentially acknowledging that Trump is an asshole in his brief, the DOJ says his comments about Carroll were undoubtedly unnecessary and inappropriate. Speaking to the public and the press on matters of public interest is undoubtedly part of the job of elected officials, says the response filed with the United States Court of Appeals for the 2nd Circuit. 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