On Monday, a federal judge dismissed lawsuits alleging former president Donald Trump directed police to violate the constitutional rights of peaceful protesters who, along with media members, were violently attacked in Lafayette Square on June 1, 2020.
The lawsuits filed by the American Civil Liberties Union, the Black Lives Matter movement and other plaintiffs argued that Trump, former Attorney General William Barr and others in police and federal agencies violated the First Amendment rights of protesters. The Trump administration, they charged, conspired to use violent force to remove protesters from Lafayette Square in Washington D.C. prior to a 7 p.m. curfew so that Trump could pass through for a photo-op in front of St. John’s Episcopal church.
The Biden administration sided with the former Trump officials, arguing that the case should be thrown out.
In her 51-page ruling, Judge Dabney Friedrich of the US District Court for the District of Columbia dismissed the plaintiffs’ claims. She wrote that without actual recordings or written statements demonstrating unequivocally that a conspiracy was planned and carried out by the defendants, it was “simply too speculative” for the court to rule if the police state assault against peaceful protesters was justified.
Friedrich also ruled that the federal officials, such as Barr and Trump, are immune from any civil litigation.
In ruling on the “speculative” nature of the claims of the plaintiffs, Friedrich wrote: “At this preliminary stage, without a factual record, the Court’s rulings are based solely on the allegations in the complaints. Before either party has had an opportunity for discovery, it would be premature for the Court to draw any conclusions about why Lafayette Square was cleared on June 1 or whether the law enforcement officers’ actions were justified.”
Friedrich claimed that there were “obvious alternative explanation[s]” for why Lafayette Square was cleared by police, including possible violence from demonstrators. As a result, she ruled, the lawsuits could not proceed.
In response to the ruling, Scott Michelman, legal director of the ACLU of the District of Columbia, stated: “Today’s ruling essentially gives the federal government a green light to use violence, including lethal force against demonstrators, as long as federal officials claim to be protecting national security.”
Friedrich is no neutral arbiter. She served for three years as associate counsel for the George W. Bush administration, during which time she put forward the position that the government has a “clear” right to detain American citizens as enemy combatants. She also described the conditions for detainees in the “war on terror” as “among the best ever provided by a country to individuals who have taken up arms against it.” She was appointed to the Sentencing Commission by President Obama and then nominated to a position on the DC District Court by Trump in 2017.