The Counsel Trump vs. Trump's DOJ
Oct 24, 2025
Elie Honig dives into the perplexing legal landscape surrounding Trump and his own Department of Justice. He discusses the reasons behind Trump suing the DOJ for $230 million and the intricate Federal Tort Claims process. Expect insights on the potential conflicts of interest within the DOJ, especially with officials who have ties to Trump's defense. Honig also raises thought-provoking questions about the implications of a president suing his own government and the feasibility of winning such a case under existing laws.
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Trump's FTCA Claims And DOJ Control
- Donald Trump filed administrative claims under the Federal Tort Claims Act seeking $230 million for DOJ actions against him.
- The FTCA process lets DOJ decide to pay or reject before any suit proceeds, putting initial control inside the government.
Glaring Conflict Of Interest Inside DOJ
- Trump's claim creates a stark conflict because DOJ officials who'd decide payouts previously represented him or his allies.
- That raises acute recusal and self-dealing concerns within the department's decision-making chain.
Practical Pressure On Decision-Makers
- Even if recusal occurs, any successor reviewer would face immense political pressure given Trump's position as president.
- The internal dynamics make an impartial rejection highly risky for DOJ career staffers.