Former President Donald Trump can be questioned by lawyers for former Federal Bureau of Investigation agent Peter Strzok in his unlawful termination lawsuit, a judge ruled.
(Bloomberg) — Former President Donald Trump can be questioned by lawyers for former Federal Bureau of Investigation agent Peter Strzok in his unlawful termination lawsuit, a judge ruled.
Questions must be limited to certain topics and the deposition can last no longer than two hours, US District Judge Amy Berman Jackson ruled. The decision was made during a sealed hearing on Thursday.
In 2019, Strzok sued the Department of Justice after he was fired for exchanging anti-Trump messages with an FBI lawyer Lisa Page, with whom he was having an affair. Strzok alleged that the actions by the FBI to remove him were influenced by Trump. His case was consolidated with one brought by Page, who sued for unlawful disclosure of private information to the public.
Strzok’s suit also includes US Attorney General, the FBI and its director, Christopher Wray, as defendants. The government also unsuccessfully moved to quash a subpoena to Wray.
The government argued it was too soon to tell whether Trump’s deposition is needed. For example, pretrial exchange of information could reveal that officials involved in Strzok’s firing weren’t influenced even if they were aware of communications from Trump, according to a government filing.
The government leaned on the “apex doctrine,” which protects “high-ranking government officials” from depositions unless they have some personal knowledge of the matter and the party seeking the information can’t obtain it elsewhere, according to the filing. “The apex doctrine applies with particular force when an individual seeks testimony about official acts from a sitting or former president,” according to the government.
In her ruling, Jackson wrote that she didn’t address questions related to presidential communications or executive privilege.
The case is Strzok v. Garland, 1:19-cv-02367-ABJ, US District Court, District of Columbia (Washington).
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