The Justice Department has lost its battle to prevent former President Donald Trump from being deposed in a case involving two former FBI agents.
Last month, Judge Amy Berman Jackson ruled that she would allow Trump to be questioned under oath in the lawsuit brought by disgraced FBI agents Peter Strzok and Lisa Page, according to The Hill.
The DOJ appealed that ruling.
On Friday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit upheld Jackson’s decision, rejecting the effort to block Trump’s deposition.
Trump has not sought to avoid deposition, according to The Washington Post.
The Post reported that in the 2-1 ruling, the judges appointed by Democratic presidents supported allowing Trump to be questioned. The dissenting judge was appointed by a Republican.
The ruling noted that Jackson “limited the deposition to two hours, and to a narrow set of topics” and that the deposition would not be published.
According to The Hill, Strzok is suing the FBI for wrongful termination. Page is suing for invasion of privacy.
The two became embroiled in scandal in 2018 when it was revealed that, even as they were investigating the debunked claim that the Trump campaign had ties to Russia, they were texting each other about how much they disliked Trump.
The two were in a relationship at the time. Strzok was fired amid the uproar; Page resigned.
The DOJ’s lawyers claimed that because FBI Director Christopher Wray and former Trump chief of staff John Kelly have already been deposed in the case, Trump’s testimony is not necessary.
Kelly testified that Trump “wanted to see Mr. Strzok fired” and considered other steps against the former agent, according to The Hill.
“Only the most extraordinary of circumstances would justify allowing a plaintiff to depose a former high-level official about actions he took in the course of his official duties. This case falls far short of that standard,” the lawyers had argued.
However, the appellate court agreed with Jackson that “‘extraordinary circumstances’ warranted the deposition of the former President.”
The case now returns to Jackson.
