General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHow is the DOJ empowered to defend a private citizen (in this trump defamation civil suit)?
As far as I can tell, the Judiciary Act of 1789 established the office of Attorney General to represent the GOVERNMENT.
FBaggins
(26,757 posts)Goodheart
(5,336 posts)The simple act of filing a motion on his behalf is representation. And in this case, representation for the defense.
Which they haven't done.
They filed a motion on behalf of the United States of America.
StarfishSaver
(18,486 posts)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.
Goodheart
(5,336 posts)StarfishSaver
(18,486 posts)and that is the operative time - his current status is irrelevant.