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How is the DOJ empowered to defend a private citizen (in this trump defamation civil suit)? (Original Post) Goodheart Jun 2021 OP
It isn't... but that isn't what they're doing. nt FBaggins Jun 2021 #1
Actually, it has already done so. Goodheart Jun 2021 #3
Nope FBaggins Jun 2021 #6
It isn't. StarfishSaver Jun 2021 #2
trump is indeed a private citizen and not a government official. Goodheart Jun 2021 #4
He was not a private citizen when the alleged defamation occurred StarfishSaver Jun 2021 #5

Goodheart

(5,336 posts)
3. Actually, it has already done so.
Tue Jun 8, 2021, 08:54 PM
Jun 2021

The simple act of filing a motion on his behalf is representation. And in this case, representation for the defense.

FBaggins

(26,757 posts)
6. Nope
Tue Jun 8, 2021, 09:11 PM
Jun 2021
The simple act of filing a motion on his behalf is representation.

Which they haven't done.

They filed a motion on behalf of the United States of America.
 

StarfishSaver

(18,486 posts)
2. It isn't.
Tue Jun 8, 2021, 08:46 PM
Jun 2021

In the context in which I think you're asking the question, the defendant is deemed not to be a private citizen but is a government employee being sued for actions they took in their official capacity.

The Federal Employees Liability Reform and Tort Compensation Act of 1988 (aka as the Westfall Act), authorizes DOJ to substitute itself as the defendant in lawsuits against a government official if the court determines that the employee was acting in their official capacity.

 

StarfishSaver

(18,486 posts)
5. He was not a private citizen when the alleged defamation occurred
Tue Jun 8, 2021, 08:57 PM
Jun 2021

and that is the operative time - his current status is irrelevant.

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