Justice Dept. Filing Disagrees About Absolute Immunity for Trump’s Staff

WASHINGTON -- The Justice Department agreed in a court filing this month that former White House staff members could claim immunity from prosecution in most cases but not while Congress is investigating the Jan. 6, 2021 attack on the Capitol.

The filing was a response to claims of executive privilege by former Trump administration chief of staff Mark Meadows and other White House staff members.

They are making largely failed attempts to avoid subpoenas from the House select committee investigating the attack on the Capitol. The committee’s evidence presented at hearings increasingly implicates former President Donald Trump as encouraging the violence as he sought to block the 2020 election win by Joe Biden.

"The Select Committee has demonstrated that such information is critical to its investigation," the Justice Department attorneys wrote.

Their filing was a response to a lawsuit filed by Meadows to enjoin the subpoena. He and other former White House staffers say they should be granted an “absolute immunity” from both criminal prosecution and inquiries by Congress.

The Justice Department said the presidential staff has immunity while they still work at the White House. The immunity gives the president the discretion to carry out his duties, the government attorneys say.

However, the immunity becomes more murky when a new presidential administration takes over.

The Justice Department argues for a “qualified immunity” after staff members leave the White House. In other words, they are immune from prosecution and congressional review unless Congress can show a need for their information.

The dispute presents a novel situation for the courts. The House select committee acknowledges that never in American history has there been such strong evidence of a coup by a sitting president.

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