This is simply inexplicable. But we should have seen it coming.

The DOJ under Trump originally defended Trump on the rationale that a president should have almost limitless immunity for comments made as president. But even the Carroll case could have been distinguished from the cases brought about by inciting the riot because at least the original decision in Carroll was made by the Trump DOJ and the DOJ usually doesn’t change course in the middle of litigation, even though the administrations may change.

These lawsuits were filed after Merrick Garland became attorney general. If the DOJ decides to defend these cases, Biden will likely not intervene because he’s already said that he will not interfere with the DOJ on specific cases. Meanwhile, the left is already in a fury because Garland seems to be dragging his feet on investigations and charges against the Trump administration.

According to Reuters:
The Biden administration paved the way for that possibility, say constitutional scholars and lawyers in the cases, by arguing in an unrelated defamation case against Trump that presidents enjoy sweeping immunity for their comments while in office – and the right to a defense by government lawyers. Biden’s Justice Department used that rationale in a surprise decision this month to continue defending Trump in a case filed by E. Jean Carroll, who contends Trump r*ped her 25 years ago and then lied about it while in office, defaming her.\

That decision reaffirms the position the department took under the Trump administration. And it has profound implications for several ongoing lawsuits, including one filed by two U.S. Capitol Police officers seeking to hold Trump liable for injuries they suffered defending the building in the Jan. 6 attack.

The DOJ and the White House refused to comment.

There is one small caveat or at least hope. It is possible that Garland knows that Trump is going to go through significantly bigger issues in the near future and wanted to establish this precedent going forward. Unfortunately, Trump and the MAGAs have shown how little they care about precedent.

Unbelievable.

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Peace, y’all
Jason
[email protected] and on Twitter @JasonMiciak