The Department of Justice has lost its appeal of a federal judge's ruling that former President Donald Trump can be called to testify in suits that were filed against it by former FBI agents Peter Strzok and Lisa Page.
A lower court in July came to the same conclusion, reports The Hill.
Strzok has sued the DOJ for wrongful termination, while Page sued for invasion of privacy after the two, who were romantically involved in the past, were involved in a political scandal because of their work on the investigation into Trump's alleged ties to Russia during in 2018.
Text messages between the pair went public, showing them speaking about how they did not like Trump, which raised concerns that the Russia probe was biased. Page resigned from her job, and Strzok was fired.
"Only the most extraordinary of circumstances would justify allowing a plaintiff to depose a former high-level official about actions he took in the course of his official duties. This case falls far short of that standard," attorneys for the DOJ argued.
They also pointed out that FBI Director Christopher Wray and former Trump Chief of Staff John Kelly have already testified about the lawsuits which made testimony from Trump not necessary.
Kelly testified that Trump "wanted to see Mr. Strzok fired" and had considered other retaliation.
"[He] questioned whether investigations by the Internal Revenue Service or other federal agencies should be undertaken into Mr. Strzok and/or Ms. Page," Kelly said. "I do not know of President Trump ordering such an investigation. It appeared, however, that he wanted to see Mr. Strzok and Ms. Page investigated."
In its ruling Friday, the appeals court said U.S. District Judge Amy Berman Jackson had considered the DOJ's concerns about Trump being deposed and was correct in her conclusion.
"Having employed particular 'deference and restraint' considering the separation-of-powers concerns at issue, the district court ultimately concluded that 'extraordinary circumstances' warranted the deposition of the former president," Friday's ruling stated. "Under these circumstances, petitioners have not shown that the district court's conclusion was a clear abuse of discretion warranting mandamus relief."
The case will be returned to Jackson, who has said she'll allow Trump to be deposed on limited subjects deemed relevant to the lawsuits.
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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