The department’s position that Trump was not immune from suit was laid out in a filing before a federal appeals court.
the Justice Department said Thursday in an ongoing federal court case testing the limits of executive power.
The brief was filed by lawyers in the Justice Department’s Civil Division and has no bearing on a separate criminal investigation by a department special counsel into whether Trump can be criminally charged over efforts to undo the results of the 2020 presidential election ahead of the Capitol riot. In fact, the lawyers note that they are not taking a position with respect to potential criminal liability for Trump or anyone else.
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