that he was acting within the scope of his employment when he spoke at the pre-insurrection rally. For that reason, there was concern that consistency in representing the executive branch might compel Garland to defend Brooks. Garland managed to extract himself deftly from his position between a rock and a hard case, as it were.
Like Brooks, Trump has also asserted that he was acting within the scope of his employment when he spoke at the pre-insurrection rally. The fact that Garland distinguished between these superficially similar fact patterns underscores the principle central to the attorney general’s stewardship: TheFirst, the noncertification of Brooks’ Westfall Act defense likely spells big trouble for a Trump assertion of that defense in Swalwell’s suit. Like Brooks’ speech,referred multiple times to the election, placing him squarely into campaign mode rather than presidential mode.
Second, DOJ’s letter to Rosen characterizing the Jan. 6 insurrection as an exceptional circumstance logically applies equally to Trump when he asserts executive privilege against any House committee call for his or others’ testimony. Third is a point easily overlooked but potentially devastating: Executive privilege does not prevail when third parties are within earshot of an otherwise privileged communication. Trump spent time with many others, including Brooks, in a tent that was a staging area for speakers. Pre-rally chat that could be heard by caterers, sound system operators, private security or other campaign workers would not be privileged.
THINK I AM DESPERATELY BEGGING FOR HELP AT THIS POINT!!!! I am a single father of a disabled toddler, We are about to lose what little we do have we need to get caught up on expenses and replace our car ASAP God Bless you all!!!
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