Topline
The Department of Justice determined Tuesday that former President Donald Trump cannot be protected from E. Jean Carroll’s defamation suit by arguing he was serving to protect Americans’ interests in his role as president, since he was not acting as president when he made remarks about Carroll and denied sexually assaulting her.
Former President Donald Trump stands before speaking at a campaign event Saturday, July 8, 2023, in … [+]
Key Facts
The Justice Department said in a filing Tuesday that “there is no longer a sufficient basis to conclude that the former President was motivated by ‘more than an insignificant’ desire to serve the United States Government” when he spoke about Carroll and denied her assault claims.
The finding reverses an earlier opinion that allowed Trump protection under the Westfall Act—a law that prevents civil lawsuits against federal government employees if they were acting in the scope of their employment—and it removes the final barrier for the trial to start in January 2024.
In the filing, prosecutor Brian Boynton wrote the department reached its conclusion by considering that Trump’s statements about Carroll continued after he left office, the pair had a prior history that supports the belief his statements “were not sufficiently motivated by a purpose to serve the Government” and some of the statements Trump has made “go far beyond merely denying Ms. Carroll’s accusation.”
Robbie Kaplan, Carroll’s lawyer, told Forbes in a statement they are “grateful” for the department’s decision and “have always believed that Donald Trump made his defamatory statements about our client in June 2019 out of personal animus, ill will, and spite.”
Forbes has reached out to Trump’s lawyer for comment.
Key Background
The Department of Justice had previously determined Trump was protected under the Westfall Act, saying he “was acting within the scope of his office” at the time the comments were made. But when Carroll filed an amended complaint to include defamatory statements she argues were made after the verdict of her last suit against Trump, the DOJ’s ruling on the past complaint became moot. In early June, Judge Lewis Kaplan asked the DOJ to determine if the Westfall Act still applied. When it was filed, Carroll’s first lawsuit against Trump focused on his initial denial of assault and knowing Carroll after she wrote that Trump had raped her in a piece for the Cut. However, after Trump was found liable for defamation and sexual assault in Carroll’s second suit against him, she amended the initial complaint from the first suit to include more comments she argues were defamatory that came after the verdict.
Further Reading
Source: https://www.forbes.com/sites/mollybohannon/2023/07/11/doj-reverses-course-rules-trump-wasnt-acting-as-president-when-discussing-e-jean-carroll-isnt-immune-in-defamation-case/