“What’s at stake is whether people can sue for violations of their constitutional rights in one of the nation’s most important public forums,' attorney Scott Michelman said.
Justice Department attorney Brian Springer argued Tuesday that there were clearly “national security implications” in the decision to clear protesters outside the White House.“There was a very large crowd of protesters directly outside the White House,” Springer told the judges on Tuesday. “There was a decision to disperse them right before the President made an appearance and walked across this park.
A 2021 report by the Interior Department’s inspector general found that Park Police did not lead law enforcement officials into the crowd of protesters to clear the way for Trump’s photo op. Instead,, it was part of preparations to clear the protesters and erect a fence that began two days before the park clearing.
Police fired rubber bullets and tear gas at peaceful protesters outside the White House on June 1 as Trump threatened to deploy the military to American cities. During the oral arguments, Judge Robert L. Wilkins presented Springer with a hypothetical as he sought to understand the legal implications of a ruling in favor of the government.He asked Springer to imagine two groups of protesters, one in favor of then-President Trump and the other supporting the Black Lives Matter movement.
“Does that implicate national security for the president to say, ‘Move one group whose message we don’t like, but leave the other group there, leave them alone’?” Wilkins asked. “Is that an appropriate invocation of national security?”
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