The Leftist DOJ is at it again.
The Department of Justice (DOJ) has reversed its decision to defend former President Donald Trump in a lawsuit filed by author E. Jean Carroll. Ms. Carroll accused Trump of defamation when he denied raping her in the 1990s. The DOJ’s original defense was based on the Westfall Act, which protects federal workers from common law tort lawsuits while performing their job duties. However, the DOJ now believes Trump was not acting in his capacity as president when he made the alleged defamatory statements. The decision is based on new guidance from a Washington, D.C. court regarding the scope of an employee’s duties.
This is the supposed victim…. OMG… Enough said once you see it…
The Biden Justice Department just did a 180 and said, hold up, Trump can totally be personally accountable in E. Jean Carroll's defamation lawsuit. Talk about a plot twist, right?
Before this, the DOJ was all like, "Nah, Westfall Act protects Trump 'cause he was President when… pic.twitter.com/ef8NXDdLWo
— Jewels Jones (@JewelsJonesLive) July 12, 2023
The DOJ argues that not all statements made by federal workers are protected under the Westfall Act, especially if they lack a significant purpose to serve the U.S. government. They state that evidence does not establish Trump’s statements as having a more than insignificant purpose to serve the government. The DOJ no longer finds sufficient evidence to conclude that Trump was acting within the scope of his employment when he denied sexually assaulting Ms. Carroll. Therefore, they will not issue a new Westfall Act certification.
Ms. Carroll’s attorney, Robbie Kaplan, expressed gratitude for the DOJ’s reconsideration, believing that Trump’s defamatory statements were made out of personal animus rather than as President of the United States.
The Justice Department reversed a holding, finding that the ex-president is not immune from a defamation suit by writer E. Jean Carroll. https://t.co/IhCd7M79CX
— USA TODAY (@USATODAY) July 11, 2023
In a separate lawsuit filed in 2022, Ms. Carroll accused Trump of battery and defamation under the New York State Legislature’s Adult Survivor Act. In May, a jury ruled in favor of Ms. Carroll in her defamation suit, ordering Trump to pay $5 million in damages. Although the jury did not find proof of rape, they determined that Trump had sexually abused her. Trump is currently appealing the verdict. The trial for Ms. Carroll’s first lawsuit against Trump is scheduled to begin on January 15, 2024, where she is seeking at least $10 million in damages.
President Donald Trump ripped the Department of Justice for reversing its stance about his immunity in a defamation lawsuit. – Newsmax
Ms. Carroll’s legal team recently requested the dismissal of a countersuit filed by Trump, claiming defamation on her part. They argue that the countersuit is an attempt by Trump to spin his trial loss and further delay the case. They contend that Trump filed the countersuit too late and with the intention of harming Ms. Carroll’s reputation, despite the jury’s verdict.
As of now, the DOJ’s decision not to defend Trump in the defamation lawsuit signifies a significant shift in their position and could impact the legal proceedings going forward.
Donald Trump was dealt a blow in E. Jean Carroll’s remaining case against him https://t.co/dWU76M5tdj
— Bloomberg (@business) July 11, 2023
Major Points:
- The Department of Justice (DOJ) will no longer defend former President Donald Trump in a defamation lawsuit filed by E. Jean Carroll.
- Carroll accused Trump of defamation when he denied raping her in the 1990s.
- The DOJ initially defended Trump based on the Westfall Act’s protection for federal workers, but they have now reversed their decision.
- The DOJ cites new guidance from a Washington, D.C. court that clarifies not all statements made by federal workers are protected under the Westfall Act.
- Carroll’s attorney welcomed the DOJ’s decision, and Trump is currently appealing a jury verdict that found him liable for defamation and ordered him to pay $5 million in damages.
Comments – Threads – Links
- In Reversal, DOJ Says Presidency Doesn’t Shield Trump from Defamation Suit – National Review
- No presidential immunity: DOJ said there isn’t enough evidence to conclude that Trump was acting within the scope of his employment as president in 2019 when he allegedly defamed E. Jean Carroll by claiming she had lied about an sexual assault. – Tim O’Brien
- NEW: The DOJ said in a court filing on Tuesday it can no longer conclude former President Trump was acting within the scope of office when he denied a writer’s rape accusations and made allegedly defamatory remarks about her in 2019. – Axios
- The DOJ backpedaled on its position that former President Donald Trump has immunity in E. Jean Carroll’s defamation suit, telling a judge it lacks evidence to conclude Trump was acting within the scope of his duties when he denied sexually assaulting her. – Law360
- For years the Justice Department argued that Trump was acting within his presidential duties when he denied sexually assaulting columnist E. Jean Carroll and therefore immune from any liability – Linda Hill
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