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Two of those lawsuits, which focus on the Constitution’s "foreign emoluments" clause, are still pending. Another was dismissed, but the plaintiffs are asking for a rehearing. But, under Trump, the department has also taken on an expanded role — as legal firepower to a highly litigious president, who has carried over his longtime habit of using lawsuits to stymie his enemies. Jay Sekulow, a private attorney for Trump, said his team consults with the Justice Department when necessary. The team Sekulow oversees has the job of advocating for the president’s personal interests. The Justice Department has an interest in preserving executive authority. The two confer, he said, when Trump’s personal arguments intersect in some way with presidential power. He noted that, in two cases, a judge actually asked the Justice Department if it wanted to intervene. " Sekulow said. He said the consultations usually involve William Consovoy, another private attorney for Trump, and James M. Burnham, a deputy assistant attorney general.

"The courts have asked for the views of the Justice Department, which is typical in these kinds of cases, going back to President Clinton," Sekulow said. The Justice Department declined to comment for this story. In two other cases, the Justice Department has supported Trump as he seeks to block congressional investigations of his finances — by suing the committees investigating him, and suing the companies the committees subpoenaed for records. One of those cases involves a House Oversight Committee subpoena to Trump’s accountants, Mazars USA, seeking his tax returns. The other involves subpoenas to two of Trump’s banks, Deutsche Bank and Capital One, seeking documents related to loans he received. In both cases, Trump said the subpoenas are invalid because they lack a "legitimate legislative purpose" — that is, they’re not tied to pending legislation. The argument is that Congress should not investigate the president’s conduct; that’s a job for prosecutors. In that filing, Justice Department attorneys echoed arguments made by Trump’s privately paid attorneys. So far, federal judges have rejected Trump’s argument. "Congress plainly views itself as having sweeping authority to investigate illegal conduct of a President, before and after taking office," U.S.

District Judge Amit Mehta wrote in Washington in refusing to block the House subpoena for Trump’s accounting firm records. But the cases aren’t over. The subpoenas are on hold. In both cases, Trump appealed his losses to federal circuit courts. The Justice Department also advised the Treasury Department to refuse a request from the House Ways and Means Committee to inspect Trump’s tax returns. The law says the returns must be turned over when requested. But the Justice Department still said no: Its reasoning was again that there was no "legitimate legislative purpose" behind the request, so it was not valid. Democrats have sued to get the returns, and that case is still pending. In the Manhattan district attorney suit, Trump’s private attorneys have turned their arguments from those other lawsuits inside out. Before, they said Congress should not obtain Trump’s records because that job was reserved for prosecutors. In this separate case, Trump’s private attorneys have said prosecutors shouldn’t obtain them.

That job, they said, was reserved for Congress. "The Framers eliminated this possibility, and assigned the task to … Congress" by creating the impeachment process, Trump’s private attorneys wrote. Vance’s investigation is focused on hush-money payments made just before the 2016 election to two women who said they had sexual encounters with Trump. He has denied having relationships with the women. Trump’s former attorney and "fixer," Michael Cohen, pleaded guilty to campaign-finance violations for helping arrange those payments. Cohen said he’d been reimbursed by the Trump Organization. Federal prosecutors later effectively concluded their investigation without charging anyone else at the company. After that, Vance’s office — which has the power to bring charges in New York state courts — began asking for documents related to the payments, as well as seeking tax returns for Trump and his businesses from Mazars. Vance has rejected Trump’s arguments, saying the president is seeking to "invent and enforce a new presidential ‘tax return privilege’ " that would bar anyone from seeing his returns. "No such privilege exists in the law," Vance’s office wrote. The Justice Department’s filing in the case doesn’t explicitly support Trump’s assertion of immunity from investigation.