The US Department of Justice announced Friday that it was urging a federal court to drop a lawsuit against Donald Trump and former Attorney General Bill Barr for ordering the use of force to clear an area in Lafayette Square before Trump arrived for a photo op.

According to the Washington Post, the DOJ argues that public officials are immune from lawsuits relating to measure taken to ensure the safety of the president and to secure his movements.  The action, taken so Trump could be photographed holding a Bible in front of St. John’s Church, which was the target of a small fire the night before.

The lawsuit was brought by the American Civil Liberties Union of D.C., Black Lives Matter, other civil liberties groups and individual protesters who argue that Trump and Barr abused their offices while jeopardizing the health and safety of protesters, many of whom were on private property at the church, when they sent armed police and National Guard to clear the area in front of the church. 

Police, including federal law enforcement personnel, and National Guard used smoke grenades and flash-bangs to force people away from the church.  The DOJ filing did not defend the tactics used to clear the square, but instead concentrated on the security need to clear a path for the President.

The judge seems to support the argument to dismiss the case.  “How do I get over the clear national security concern over the president’s safety?” U.S. District Judge Dabney L. Friedrich of Washington asked the plaintiffs at one point. Earlier she asked, “It seems to me you have to clear the square before he [Trump] walks to the church. Why is that not reasonable?”