The Department of Justice (DOJ) intends to hold former President Trump accountable for his actions against protesters in 2020.
The Department of Justice filed court papers on Monday certifying that President Trump was acting within the scope of his duties when he ordered the National Guard to disperse rioters who had gathered near the White House in response to the death of George Floyd.
“Based on the information currently available regarding the allegations set forth therein, we determine that at the time of the events giving rise to Plaintiffs’ claims, Donald J. Trump was acting within the scope of his federal government duties or employment,” wrote James Toohey Jr., Chief of the Tort Section of the Department of Justice’s Civil Division.
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Then-President Trump holds a Bible during a visit to St. John’s Church across from the White House after protesters against the death of George Floyd in Washington, DC, were cleared from the area. (Brendan Smiarowski/AFP via Getty Images)
The three, who protested at Lafayette Square following Floyd’s death in 2020, are seeking damages from President Trump for the National Guard’s use of chemical weapons to disperse the violent crowds.
The plaintiffs claim their constitutional rights were violated when military personnel cleared and secured the square on the orders of then-President Trump and officers used tear gas and smoke bombs to disperse protesters.
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Police also pushed and physically removed protesters from the area.
![police national guard rayafett square white house riots protest george floyd](https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2024/08/1200/675/GettyImages-1216828423-scaled-e1724168337396.jpg?ve=1&tl=1)
Police officers clashed with protesters near the White House as demonstrations continued over the death of George Floyd. (José Luis Magana/AFP via Getty Images)
The Department of Justice has already asked that the plaintiffs’ lawsuit be dismissed because there is no evidence that constitutional rights were violated.
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A federal judge in 2021 dismissed most of the litigation surrounding the incident.
![Garland testifies before Congress](https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2024/06/1200/675/GettyImages-2156059175.jpg?ve=1&tl=1)
Attorney General Merrick Garland testifies before the House Judiciary Committee at the Rayburn House Office Building on Capitol Hill in Washington, DC on June 4, 2024. (Chip Somodevilla/Getty Images)
The Justice Department’s finding that Trump was acting within the scope of his federal duties means the department must shoulder any liability it finds against the former president.
The case is the latest opportunity for the justices to implement and clarify the Supreme Court’s July ruling that gave the president broad immunity while carrying out his official duties.