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Glenn Kirschner: DOJ Asks Judge to Dismiss Lawsuit Against Trump & Barr for Clearing Protestors from Lafayette Square

10/06/2021

May 30,2021

Last year, Bill Barr and others directed that Lafayette Square be cleared of protestors who were exercising their 1st Amendment rights so then-President Donald Trump could walk across the street to stand in front of a church for a political photo-op. The ACLU filed suit on behalf of protestors and journalists that were assaulted by law enforcement officers while they cleared the way for Trump’s political stunt. In a troubling move, the Department of Justice has now urged the judge to dismiss the case, claiming that Trump, Barr and other government officials have immunity from this particular lawsuit. This video presents an argument for why the suit should not be dismissed but instead should proceed to the discovery phase to, at a minimum, determine if Trump and Barr were acting within the scope of their official governmental duties when they ordered the area cleared – shutting down the protestors’ exercise of their 1st Amendment rights, for a presidential photo op

About Glenn Kirschner

Glenn Kirschner brings analysis and insight to legal issues of the day, drawing from his 30 years as a federal prosecutor, homicide prosecutor and Army JAG. Glenn is an NBC News and MSNBC legal analyst and teaches criminal law at George Washington University.

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