Thanks for this. I don’t think it applies here.

50.15 says this is when employees are sued in their individual capacity for official duties. Inter-defendant conflicts of the type in 50.15(a)(10) are typically for when multiple defendants have competing interests and that presents a conflict to joint representation. At best, I see provisions regarding whether the DOJ is not obligated to pay money damages for an employee’s wrongdoing ((a)(8)(iii))

The situation here may just be too corrupt. Trump is suing with private counsel a third party government agency that is technically not him, but the issue is that the captured DOJ itself also is now de facto personal counsel to Trump. The IRS and Treasury are defendants that should be represented by the DOJ, except that the DOJ is irreparably conflicted. So it is Trump, by DOJ proxy, deciding whether to give himself money out of the public’s pocket, and the fact that he filed the suit itself suggests his answer is “yes, I deserve it.”

And, despite this, no private litigation counsel could even address this, because the DOJ would still retain authority to settle.