The Daily Fuckup

On March 21, 2025, the Justice Department asked a federal court to substitute the United States as the defendant in civil lawsuits over the Jan. 6 attack on the Capitol. The filing argued that President Trump was acting within the scope of his office when he made the statements and took the steps at issue, a position that would move the government into his place only if the court accepts it.

That distinction matters. The department’s filing is a request, not a decision. If the court grants it, the United States would take over the defense for some of the claims, changing who would be named in the case and how the litigation would proceed. If the court rejects it, Trump remains personally tied to the lawsuits and the legal fight stays focused on his conduct.

The civil cases were brought by people who say they were harmed by the violence and chaos surrounding the Jan. 6 attack, including lawmakers and police officers. Their claims center on Trump’s conduct and statements around the day of the riot. The Justice Department’s move does not resolve those claims. It asks the court to treat the challenged conduct as part of presidential duty for purposes of the case.

The filing lands in the middle of a broader legal fight over how far presidential protections can reach after a president leaves office. Supporters of the motion will argue that the scope-of-employment test belongs in a court review of the facts. Opponents will argue that the government is trying to use official-capacity language to blunt personal exposure in a case built around a political crisis that turned violent.

For now, the effect is procedural rather than final. The court still has to decide whether Trump’s conduct fits within the legal standard the department is invoking. Until then, the government has only asked for the substitution; it has not secured it.