by Nomad.
.
President Trump is demanding that the Justice Department pay him about $230 million in compensation for the federal investigations into him, according to people familiar with the matter, who added that any settlement might ultimately be approved by senior department officials who defended him or those in his orbit.
So I asked DeepSeek - a research-oriented AI- a simple question: Can a sitting president sue his own Justice Department and if that's possible, can he settle out of court?
Here is its response:
It sounds like the plot of a political thriller: a sitting U.S. President files a lawsuit against his own Justice Department. Could it actually happen? And if it did, could they just settle the case quietly out of court?
The short, surprising answer is yes, it’s legally possible—but it would be a constitutional and political earthquake. Let's unpack this fascinating legal oddity.
At the most basic level, the President is a citizen. If a government agency injures a citizen, that citizen can sue. The Justice Department doesn't have a magical shield. For instance, if a President believed the DOJ unlawfully searched his purely private, non-official property, he might have the legal standing to file a case.
The mechanism would likely be under laws like the Administrative Procedure Act (APA), which allows citizens to challenge government actions that are "arbitrary, capricious, or an abuse of discretion."
Here’s where it gets incredibly strange: The President is the head of the Executive Branch. The Department of Justice is a premier agency within that branch. The Attorney General reports to the President.
So, a lawsuit becomes:
The President (as a private plaintiff) vs. The United States (represented by the DOJ, which reports to the President).
Legally, the case caption might read "United States v. United States." The President would be both the top boss of the agency he's suing and the person complaining about it. The conflict of interest is immediate and profound. Who gives instructions to the government's defense lawyers? Their ultimate client is the man suing them.
The "Yes, But..." on a Settlement
Could they settle out of court? Again, in theory, yes. The vast majority of civil lawsuits end in settlement.
But the practical and constitutional problems are immense:
The Real-World Barriers
History shows us why this is a "what if" scenario. No sitting President has ever directly sued the Justice Department. When Presidents have faced legal action, it's usually as a defendant (e.g., Nixon during Watergate) or as a private citizen after leaving office.
It sounds like the plot of a political thriller: a sitting U.S. President files a lawsuit against his own Justice Department. Could it actually happen? And if it did, could they just settle the case quietly out of court?
The short, surprising answer is yes, it’s legally possible—but it would be a constitutional and political earthquake. Let's unpack this fascinating legal oddity.
The "Yes, But..." on the Lawsuit
At the most basic level, the President is a citizen. If a government agency injures a citizen, that citizen can sue. The Justice Department doesn't have a magical shield. For instance, if a President believed the DOJ unlawfully searched his purely private, non-official property, he might have the legal standing to file a case.
The mechanism would likely be under laws like the Administrative Procedure Act (APA), which allows citizens to challenge government actions that are "arbitrary, capricious, or an abuse of discretion."
Here’s where it gets incredibly strange: The President is the head of the Executive Branch. The Department of Justice is a premier agency within that branch. The Attorney General reports to the President.
So, a lawsuit becomes:
The President (as a private plaintiff) vs. The United States (represented by the DOJ, which reports to the President).
Legally, the case caption might read "United States v. United States." The President would be both the top boss of the agency he's suing and the person complaining about it. The conflict of interest is immediate and profound. Who gives instructions to the government's defense lawyers? Their ultimate client is the man suing them.
The "Yes, But..." on a Settlement
Could they settle out of court? Again, in theory, yes. The vast majority of civil lawsuits end in settlement.
But the practical and constitutional problems are immense:
- Who Approves the Deal? Any settlement with the U.S. government must be signed off by government lawyers and officials. Those officials work for the President. He would be, in effect, approving both sides of the agreement. This looks less like a legal resolution and more like a unilateral order dressed up as a court settlement.
- What’s Being Settled? If the lawsuit aims to stop or limit a criminal investigation (especially one into the President or close associates), a settlement would be seen as the President using the judiciary to control a core executive function. This clashes with his constitutional duty to "take Care that the Laws be faithfully executed."
- Intense Scrutiny: A federal judge would be highly skeptical of such a settlement. Judges can reject deals they deem unfair or collusive, especially when they involve the public interest or Treasury funds. Congress would instantly launch oversight hearings, and the move could be cited as an article of impeachment for abuse of power.
The Real-World Barriers
History shows us why this is a "what if" scenario. No sitting President has ever directly sued the Justice Department. When Presidents have faced legal action, it's usually as a defendant (e.g., Nixon during Watergate) or as a private citizen after leaving office.
The courts have doctrines to avoid getting entangled in intra-branch political fights. They might dismiss such a lawsuit, stating the President lacks a proper legal injury or that the dispute is a political question for Congress to handle through oversight or impeachment.
The Bottom Line
So, can it be done? Legally, the path exists, but it's fraught with monumental conflicts.
Could they settle? Technically, yes, but it would be politically explosive and constitutionally dubious.
The ultimate takeaway is that our system relies on more than just written law. Custom, political consequence, and separation of powers act as powerful guardrails. A President taking this step wouldn't just be filing a lawsuit—he'd be igniting a chain reaction of legal challenges, congressional investigations, and a severe crisis of public confidence.
It's the political equivalent of pressing a big red button: possible in theory, but with consequences so severe that it serves as its own most powerful deterrent.
And the Justice Department isn't Trump's only target for grift and revenge. Three days ago, red button pusher-in-chief said he was ready to go after other agencies.
The Bottom Line
So, can it be done? Legally, the path exists, but it's fraught with monumental conflicts.
Could they settle? Technically, yes, but it would be politically explosive and constitutionally dubious.
The ultimate takeaway is that our system relies on more than just written law. Custom, political consequence, and separation of powers act as powerful guardrails. A President taking this step wouldn't just be filing a lawsuit—he'd be igniting a chain reaction of legal challenges, congressional investigations, and a severe crisis of public confidence.
It's the political equivalent of pressing a big red button: possible in theory, but with consequences so severe that it serves as its own most powerful deterrent.
* * * *
And the Justice Department isn't Trump's only target for grift and revenge. Three days ago, red button pusher-in-chief said he was ready to go after other agencies.