So what? She was when the questionable behavior resulting in the law suit occurred. The DOJ is defending the First Lady. As much as I and everyone else here hates the fact that she ever held that position, she held it, and that's just our tough luck this time.
You would just love to pin this on Bush, as though he's doing her some special, personal favor. Good grief. I have to wonder who pays if Clinton loses; my guess would be the taxpayers.