{"id":582358,"date":"2023-07-11T23:46:32","date_gmt":"2023-07-11T20:46:32","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/doj-wont-consider-trump-immune-in-e-jean-carroll-defamation-lawsuit\/"},"modified":"2023-07-11T23:46:32","modified_gmt":"2023-07-11T20:46:32","slug":"doj-wont-consider-trump-immune-in-e-jean-carroll-defamation-lawsuit","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/doj-wont-consider-trump-immune-in-e-jean-carroll-defamation-lawsuit\/","title":{"rendered":"#DOJ won\u2019t consider Trump immune in E. Jean Carroll defamation lawsuit"},"content":{"rendered":"<p><img decoding=\"async\" src=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/06\/Carroll-Trump-2023.png?w=900\" \/><\/p>\n<div>\n<p>The Justice Department (DOJ) said Tuesday it will no longer defend former President Trump as being immune in writer E. Jean Carroll\u2019s defamation lawsuit.<\/p>\n<p>The DOJ had previously certified that Trump was acting in the scope of his employment as president when he made allegedly defamatory statements denying Carroll\u2019s account that Trump sexually assaulted her in the mid-1990s.<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\"><\/aside>\n<p>But now the department is reversing its position, leaving Trump on the hook for any potential damages.<\/p>\n<p>The DOJ cited the legal battle that ensued as to whether their original certification was proper, which held up the case for months. It bounced between multiple courts in New York and Washington, D.C., ending with no clear resolution.<\/p>\n<p>Citing the recent rulings, the DOJ wrote it \u201chas determined that it lacks adequate evidence to conclude that the former President was sufficiently actuated by a purpose to serve the United States Government to support a determination that he was acting within the scope of his employment when he denied sexually assaulting Ms. Carroll and made the other statements regarding Ms. Carroll that she has challenged in this action.\u201d<\/p>\n<p>Carroll\u2019s second lawsuit went to trial in May, in which a jury\u00a0found Trump liable\u00a0for sexually abusing the longtime advice columnist and later defaming her by denying her story. Those claims did not involve Trump\u2019s time as president, so they were not held up by the immunity issues. Trump is <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>ealing the verdict.<\/p>\n<p>But Carroll\u2019s first lawsuit, which only includes claims of defamation, has not yet gone to trial.<\/p>\n<p>Under the Westfall Act, the DOJ had attempted to step in and declare Trump immune in that suit by certifying that he made the statements in question in the scope of his employment as president.<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\"><\/aside>\n<p>The suit at the time revolved around Trump\u2019s initial denials when Carroll came forward publicly in June 2019, comprising a written statement given to reporters, comments Trump made on the South Lawn and an interview he gave The Hill at the White House three days after the allegation was first published.<\/p>\n<p>But since the jury sided with Carroll, her first lawsuit has expanded.<\/p>\n<p>One day after the jury\u2019s verdict, Trump appeared for a CNN town hall and again denied Carroll\u2019s story. Carroll proceeded to add those comments to her original lawsuit.<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\"><\/aside>\n<p>The DOJ noted the verdict and the addition as another reason to step away from its position.<\/p>\n<p>\u201cThese post-Presidency statements, which were not before the Department during the original scope certification in this case, tend to undermine the claim that the former President made very similar statements at issue in Carroll I out of a desire to serve the government,\u201d the department continued.<\/p>\n<p>Robbie Kaplan, Carroll\u2019s lawyer, applauded the DOJ in a statement.<\/p>\n<aside class=\"ad-unit ad-unit--mr4_ab\"><\/aside>\n<p>\u201cWe are grateful that the Department of Justice has reconsidered its position,\u201d she said. \u201cWe have always believed that Donald Trump made his defamatory statements about our client in June 2019 out of personal animus, ill will, and spite, and not as President of the United States. Now that one of the last obstacles has been removed, we look forward to trial in E Jean Carroll\u2019s original case in January 2024.\u201d<\/p>\n<p>The Hill has reached out to Trump\u2019s legal team for comment.<\/p>\n<p>After Carroll expanded the suit, Trump also countersued the longtime advice columnist, alleging she defamed the former president during a recent CNN appearance of her own.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr5_ab\"><\/aside>\n<p>In court documents filed earlier on Tuesday afternoon, Carroll\u2019s lawyers called it a \u201ctit for tat\u201d as they asked the federal judge overseeing their legal battles to dismiss Trump\u2019s countersuit as procedurally improper and for failing to state a claim.<\/p>\n<p>\u00a0\u201cWhile that might read like an article penned by Andy Borowitz in the New Yorker or by a writer at the Onion, it\u2019s actually the theory of the counterclaim that Trump now purports to assert in this action,\u201d Carroll\u2019s lawyers wrote.<\/p>\n<p>\u201cBut here in federal court, where logic and reason rather than satire prevail, it is clear that Trump\u2019s new counterclaim for defamation should be dismissed with prejudice,\u201d they added.<\/p>\n<aside class=\"ad-unit ad-unit--mr6_ab\"><\/aside>\n<p><em>Updated 5:29 p.m.<\/em><\/p>\n<\/div>\n<p>Copyright 2023 Nexstar <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/social-mediaa\/\" data-internallinksmanager029f6b8e52c=\"1\" title=\"Social Media\" target=\"_blank\" rel=\"noopener\">Media<\/a> Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.<\/p>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. 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Jean Carroll\u2019s defamation lawsuit. The DOJ had previously certified that Trump was acting in the scope of his employment as president when he made allegedly defamatory statements denying Carroll\u2019s account that Trump sexually assaulted her&#8230;<\/p>\n","protected":false},"author":1,"featured_media":582359,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/06\/Carroll-Trump-2023.png?w=1280","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[134417,117,134343,134418,134353,4941,138451,134661,124783],"class_list":["post-582358","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-blog-briefing-room","tag-business","tag-campaign","tag-congress-blog","tag-court-battles","tag-donald-trump","tag-e-jean-carroll","tag-energy-environment","tag-international"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/582358","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=582358"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/582358\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/582359"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=582358"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=582358"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=582358"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}