Trump Defends Claims Against Schiff, Rosenstein in Clinton Suit

(Bloomberg) -- Donald Trump asked a judge to reconsider a decision that removed US Representative Adam Schiff and former Deputy Attorney General Rod Rosenstein from the former president’s civil suit claiming that the Russia probe was the result of a vast conspiracy against him.

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At issue is whether Schiff and Rosenstein are protected from Trump’s suit by a 1988 federal statute, known as the Westfall Act, that bars civil claims against government workers acting in their official duties. US District Judge Donald Middlebrooks on Aug. 18 ruled the men qualified for the protection and substituted the US government as defendant under the law.

In a response Tuesday, Trump’s lawyer Alina Habba said “neither Schiff nor Rosenstein were acting within their authorized scope of employment” when they allegedly conspired with Clinton and the Democratic Party to undermine Trump’s presidency by probing whether his campaign colluded with Russia.

The judge is separately weighing several motions to dismiss other defendants from the suit. Clinton, her 2016 campaign chairman John Podesta and former Democratic National Committee chair Debbie Wasserman Schultz, among others, have called the complaint a “swollen” political manifesto devoid of facts.

The Justice Department didn’t immediately respond to a message seeking comment. Schiff and Rosenstein also didn’t immediately respond to requests for comment.

Read More: Clinton Says Trump’s New Conspiracy Suit Worse Than Original

Schiff, the Democratic chairman of the House Permanent Select Committee on Intelligence, or HPSCI, participated in the alleged scheme by talking to the press about evidence from the committee’s Trump-Russia probe, Trump claims.

“HPSCI rules make clear that the details surrounding the HPSCI’s investigations -- including the evidence its members view in connection with those investigations -- are to be kept strictly confidential in the absence of specific authorization to disclose such matters publicly,” Habba said in the filing.

Trump makes similar allegations against Rosenstein, claiming in his suit that the Republican former deputy AG “overzealously targeted” him and “intentionally concealed and manipulated the false collusion conspiracy” to try to remove Trump from office.

“Given that the amended complaint presents a cognizable theory that Rosenstein acted in bad faith and sought to pursue his own personal agenda while disregarding the interests of the United States, Westfall Act certification is not appropriate,” Habba said.

Read More: Trump’s FBI Foes Dismissed From Conspiracy Suit Against Clinton

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