It costs taxpayers’ money – and more – when the federal government has to defend itself against frivolous lawsuits, Pres. Donald Trump explained Thursday in a memorandum ordering agencies and departments to ensure those who file the meritless suits provide financial restitution.
The frivolous lawsuits often have ulterior motives, Trump explains:
“This anti-democratic takeover is orchestrated by forum-shopping organizations that repeatedly bring meritless suits, used for fundraising and political grandstanding, without any repercussions when they fail.”
The cost to taxpayers is more than just monetary, the president warns:
“Taxpayers are forced not only to cover the costs of their antics when funding and hiring decisions are enjoined, but must needlessly wait for Government policies they voted for.
“Moreover, this situation results in the Department of Justice, the Nation's chief law enforcement agency, dedicating substantial resources to fighting frivolous suits instead of defending public safety.”
“Federal courts should hold litigants accountable for their misrepresentations and ill-granted injunctions,” Trump said.
In order to do so, Trump is ordering all agencies and departments to utilize Federal Rule of Civil Procedure 65(c) (Rule 65(c)) to ensure that that those who file the suits post monetary security sufficient to ensure they will be able to cover the costs and damages ordered if an injunction they obtain is ruled to have been wrongly issued:
“The scope of this directive covers all lawsuits filed against the Federal Government seeking an injunction where agencies can show expected monetary damages or costs from the requested preliminary relief, unless extraordinary circumstances justify an exception.”