The two ex-FBI employees want to learn whether Trump pressured FBI and Justice Department officials to retaliate against them. But the Justice Department argued that Trump may not be deposed before Wray, on the long-standing principle that litigants must interview lower-ranking officials first and exhaust other sources of information before questioning high government officials.
The Justice Department said it acted Thursday because it only recently learned of the timing of Trump’s deposition.Lynch asked Jackson to render a decision by next Tuesday so that the department could seek a rare writ of mandamus from the U.S. Court of Appeals for the D.C. Circuit to overrule the judge if she refuses to require Wray to be deposed first.
Thursday’s move marks the latest twist in the four-year-old Strzok and Page lawsuits. In March, the Biden administration and Justice Department said they would not assert executive privilege on Trump’s behalf to prevent Wray’s testimony, declining to shield the confidentiality of a president’s communications with top advisers under the Constitution’s separation of powers. The department told the judge that Trump has not requested such an assertion over information covered by her order.
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