Biden DOJ Discards the Law to Get Trump

The department is claiming incitement it can’t prove to deny Trump immunity from Democrats’ January 6 lawsuit.

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A.G. Merrick Garland (left) and former president Donald Trump (right)

Sarah Silbiger & Jim Bourg/Reuters

As is reliably the case when confronted with a choice between law and politics, the Biden Justice Department under Attorney General Merrick Garland has chosen politics.

The Justice Department has told a federal appeals court that a civil lawsuit brought against former president Donald Trump, alleging damages based on the Capitol riot, should be permitted to go forward. According to prosecutors, if you squint hard enough, Trump’s January 6 Ellipse speech maybe, possibly, conceivably could have been an “incitement of private violence” and, therefore, falls outside the broad immunity afforded to “public communications” by presidents.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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