The Justice Department (DOJ) has appealed a decision by a federal judge affirming former President Trump can be called to testify in suits against the DOJ by former FBI agents Peter Strzok and Lisa Page.
Strzok was fired and Page left the FBI after they came under intense public and congressional scrutiny for their role in the FBI’s investigation into potential ties between Trump and Russia in 2018.
Text messages became public where the pair spoke about how they personally disliked Trump, causing concern the entire investigation was biased.
Strzok is suing the department for wrongful termination, while Page is suing for invasion of privacy.
Judge Amy Berman Jackson ruled in February that Trump and FBI Director Christopher Wray could be forced to testify in the case, which the Justice Department asked her to reconsider.
The judge then delayed Trump’s deposition until after the DOJ attempted to stop it, allowing Wray to testify first.
Berman Jackson upheld her ruling forcing Trump to testify last week, causing the DOJ to appeal to a higher court on Tuesday.
“Only the most extraordinary of circumstances would justify allowing a plaintiff to depose a former high-level official about actions he took in the course of his official duties. This case falls far short of that standard,” government attorneys said in the filing, reviewed by NBC News.
The DOJ said that Trump’s testimony is unnecessary because Wray and former White House chief of staff John Kelly have already testified. Trump has also spoken about Strzok and Page extensively on social media.
“Strzok hardly needs to confirm whether the President expressed the same views in meetings in the Oval Office that he expressed publicly.” the DOJ said.
Last week, newly released testimony from Kelly said that Trump “wanted to see Mr. Strzok fired” and considered other retaliatory actions.
“President Trump questioned whether investigations by the Internal Revenue Service or other federal agencies should be undertaken into Mr. Strzok and/or Ms. Page. I do not know of President Trump ordering such an investigation. It appeared, however, that he wanted to see Mr. Strzok and Ms. Page investigated,” Kelly said.
Strzok’s lawyer criticized the DOJ’s efforts to block the testimony.
“The lengths to which the government has gone to prevent this deposition is striking and suggests that their true concern is what Mr. Trump will say,” attorney Aitan Goelman said in a statement to CNN.
The matter will be considered by the D.C. Circuit Court of Appeals, with the case then going back to Berman Jackson. The judge previously said that she would allow limited questions in a two-hour session if Trump is to testify.