This statement from the Garland DOJ may explain the DOJ position regarding the Lafayette Square lawsuit. (All according to the Washington Post Article)
Trump and other U.S. officials are immune from civil lawsuits over police actions taken to protect a president and to secure his movements, government lawyers said of the actions
One can certainly take issue with the notion that tear gassing those in Lafayette Square is consistent with the need to protect the President and U.S. Officials, when these officials had no need to go anywhere near Lafayette Square for anything other than a purely political Photo Op. Nevertheless, this DOJ position may be on firmer legal footing then we realize. The DOJ's support for such a suit might be correctly labeled as "purely political".. . We have strong indications already that the Garland DOJ wants to steer clear of anything that smacks of being on weak legal grounds and thus subject to labeling as "purely political."
On a related matter, there was an opinion piece on Bloomberg this past week pointing out that the Garland DOJ wanted to return to the days when investigations by the DOJ were carried out in strict secrecy until the decision to seek an indictment had been reached. That seems like a very wise policy to me, and quite consistent with our Bill of Rights.