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

Protesters gathered on May 29 – June 7 to protest the killing of George Floyd

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.

Trump Is Beating Trump

Biden wants to make the race a referendum. The president needs to make it a choice.

In theory, President Trump is in a pitched battle with Joe Biden for the presidency. In reality, Mr. Trump is in a battle with Mr. Trump.

That’s one way to look at the recent round of sliding Trump poll numbers, which the media and Democrats are prematurely hailing as an obituary for the administration, but which also have Republicans nervous. Mr. Trump’s path to re-election rests in painting a sharp contrast between his policies of economic restoration, a transformed judiciary and limited government with those of Mr. Biden’s promise of (at best) a return to the slow growth of the Obama years or (at worst) an embrace of progressive nirvana. Instead, he’s helping Democrats and the media make the race a referendum on his Twitter feed.

Let Trump be Trump!” cry the president’s supporters. They argue it worked before. But this isn’t 2016. The U.S. is emerging from an unprecedented pandemic lockdown that left millions unemployed or bankrupt, children without education, the social order in shambles. The fury that followed George Floyd’s death has put Americans on the edge. They need calm leadership and a positive vision for the future.

Mr. Trump offers glimpses. His May 30 speech following the historic manned SpaceX launch—which addressed the Floyd killing—was a call for justice and peace as well as a tribute to American aspiration. In a subsequent Rose Garden speech, he deplored Floyd’s “brutal death” and reminded viewers that “America needs creation, not destruction.” A week later, his Rose Garden remarks celebrated a jobs report that defied gloomy predictions, and it showcased the American desire to get back to work.

But these highlights were quickly eclipsed by the many openings Mr. Trump provided the media and Democrats to focus not on American revival, but on Mr. Trump.
  • His complaints about Defense Secretary Mark Esper; his
  • bitterness toward former Secretary Jim Mattis. The
  • walk to St. John’s Episcopal Church, where he flashed the Bible; the
  • arguments over why he visited the White House bunker.
  • His tweeted suggestion that the 75-year-old protester in Buffalo pushed to the ground by police might have been a “set up.”

What happened in Minneapolis—a city run by Democrats in a state run by Democrats—was no fault of the White House. But the president’s need to be at the center of everything has allowed a hostile press to present him as the source of racial tension.

The Trump campaign makes a compelling case that it is nonsensical to claim Democrats are running away with the race. Democratic pollster Doug Schoen wrote that the recent CNN survey showing Mr. Biden up 14 points nationally was skewed—it underrepresented Republicans and counted registered voters rather than likely ones. Match-ups still look tight in swing states.

Mr. Biden is also grappling with an enthusiasm problem. Mr. Trump this year has set records in primary after primary in voter turnout—even though he is uncontested. A recent ABC poll showed only 34% of Biden supporters were “very enthusiastic” about their nominee, compared with 69% of those backing Mr. Trump. Officials also note that the race—at least the mano-a-mano part of it—has yet to begin.

But there’s no question Mr. Trump’s numbers have eroded, both overall and among key voter subgroups. The latest Gallup poll finds only 47% approval of his handling of the economy, down from 63% in January. Those numbers are bleeding into congressional races, putting Republican control of the Senate at risk and raising the possibility of a rout in the House. If the Trump campaign can’t turn things around, the country could be looking at total Democratic control for the first time since 2010—and a liberal Senate majority that may well eliminate the filibuster for legislation and pack the courts. The stakes are high.

The prospect of a turnaround rests on Mr. Trump’s ability to do more than taunt his competitor as “Sleepy Joe” and rail against the “RADICAL LEFT!!” With an economy in tatters, Mr. Trump has an opening to redefine the election as a choice. Americans can vote again for the policies that revived the economy after the moribund Obama-Biden years and continue transforming the judiciary. Or they can take a chance on a Democrat who has promised to raise taxes on 90% of Americans, kill blue-collar fossil-fuel jobs and ban guns, and a party that is considering demands to “defund the police.”

Democrats want this election to be a simple question of whether Americans want four more years of a chaotic White House. The country has had its fill of chaos, so that could prove a powerful message for Mr. Biden. Mr. Trump has to decide just how much he wants to help him.

Kayleigh McEnany: No Tear Gas was used at Lafayette Square

Q    Kayleigh, you mentioned Dr. King.  He, likely, would not have approved of what took place Monday evening across from the White House, as you probably know.  If the White House, the President, and his team had to do it all over again, would you have gassed and pummeled protesters to clear the park so the President could have a photo op?

MS. MCENANY:  So let me first address: No tear gas was used and no rubber bullets were used.

Q    Chemical agents were used.

MS. MCENANY:  So, again, no tear gas was used, no rubber bullets were used.

Q    Why are you making that distinction?

MS. MCENANY:  Let me —

Q    Chemical agents were used.

MS. MCENANY:  Let me — let me back up and —

Q    We talked to an Episcopal priest who said she was gassed.  Others say they were tear-gassed in that area.

MS. MCENANY:  Well, no one was tear-gassed.  Let me make that clear.  That’s been confirmed by DOD and by Park Services, as well.

Q    But chemical agents were used.

MS. MCENANY:  So let me go back and address what happened because there’s been a lot of misreporting.

 

.. Q    Kayleigh, why did the President feel it was important to go and walk over there, through the park, and to the church?

MS. MCENANY:  It was extremely important.  Look, the President wanted to send a very powerful message that we will not be overcome by looting, by rioting, by burning.  This is not what defines America.  And going and standing by St John’s Church was a very important moment.

And I would note that, through all of time, we’ve seen Presidents and leaders across the world who have had leadership moments and very powerful symbols that were important for our nation to see at any given time, to show a message of resilience and determination.  Like Churchill, we saw him inspecting the bombing damage; it sent a powerful message of leadership to the British people.  And George W. Bush throwing out the ceremonial first pitch after 9/11.  And Jimmy Carter, putting on a sweater to encourage energy savings.  And George H.W. Bush signing the Americans with Disabilities Act, flanked by two disabled Americans.

And for this President, it was powerful and important to send a message that the rioters, the looters, the anarchists, they will not prevail; that burning churches are not what America is about.  And that moment, holding the Bible up, is something that has been widely hailed by Franklin Graham and others.  And it was a very important symbol for the American people to see that we will get through this, through unity and through faith.