E. Jean Carroll accused President Donald Trump of raping her in the 1990s.
(Photo: Eva Deitch for The Washington Post via Getty Images)
Oct 20, 2020
In Attorney General Bill Barr's latest attempt to help President Donald Trump avoid accountability for an alleged rape he is accused of committing in the 1990s, Barr on Monday argued in court filings that when the president denied columnist E. Jean Carroll's accusation last year, he was acting not on behalf of his own interests but in his capacity as a public servant representing the people of the United States.
"Given the president's position in our constitutional structure, his role in communicating with the public is especially significant," wrote Justice Department lawyers, who last month at Barr's direction replaced Trump's personal legal team to represent the president in the case, in a highly unusual move. "The president's statements fall within the scope of his employment for multiple reasons."
The statements the government lawyers were referring to include Trump's claim that Carroll was "not [his] type," that he had never met her despite photographic evidence to the contrary, and that she was a liar who was trying to sell books by accusing him of raping her in a department store more than two decades ago, long before Trump's political career began.
"There is not a single person in the United States--not the president and not anyone else--whose job description includes slandering women they sexually assaulted," Carroll's attorneys wrote in response to the DOJ's claim on Monday.
Carroll, who sued Trump for defamation in a New York state court following his remarks, tweeted that she and her legal team are planning to argue in court that Trump's denial was "not an official act."
\u201cWe are REALLY looking forward to meeting you in court and arguing it was NOT an "official act."\n\nhttps://t.co/yicFk1DjNp\u201d— E. Jean Carroll (@E. Jean Carroll) 1603149226
The DOJ lawyers' claim comes a month after Barr intervened in Carroll's case against Trump, both by replacing the president's legal representation and by attempting to transfer the lawsuit from the state court to a federal district court. Both moves suggest the DOJ aims to have the case treated as one that was filed against a government employee who is immune from defamation lawsuits, in order to have Carroll's case dismissed.
Former federal prosecutor and NBC legal analyst Glenn Kirschner tweeted that Barr's latest action goes against the department's responsibility to work "on behalf of victims."
"Bill Barr is trying to use the DOJ to crush a victim," Kirschner said.
\u201cE. Jean Carroll reported that Trump raped her. He then defamed her. In the decades I spent as a prosecutor w/the DOJ we worked ON BEHALF OF victims, we tried to help them & vindicate the crimes committed against them. Bill Barr is trying to use the DOJ to crush a victim.\u201d— Glenn Kirschner (@Glenn Kirschner) 1603150045
Democratic presidential candidate Joe Biden last week criticized the president for using the DOJ as his "own law firm" to gain the upper hand in his legal troubles.
"'I'm being sued because a woman's accusing me of rape. Represent me. Represent me,'" Mr. Biden said in imitation of the president. "What's that all about?"
Why Your Ongoing Support Is Essential
Donald Trump’s attacks on democracy, justice, and a free press are escalating — putting everything we stand for at risk. We believe a better world is possible, but we can’t get there without your support. Common Dreams stands apart. We answer only to you — our readers, activists, and changemakers — not to billionaires or corporations. Our independence allows us to cover the vital stories that others won’t, spotlighting movements for peace, equality, and human rights. Right now, our work faces unprecedented challenges. Misinformation is spreading, journalists are under attack, and financial pressures are mounting. As a reader-supported, nonprofit newsroom, your support is crucial to keep this journalism alive. Whatever you can give — $10, $25, or $100 — helps us stay strong and responsive when the world needs us most. Together, we’ll continue to build the independent, courageous journalism our movement relies on. Thank you for being part of this community. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
In Attorney General Bill Barr's latest attempt to help President Donald Trump avoid accountability for an alleged rape he is accused of committing in the 1990s, Barr on Monday argued in court filings that when the president denied columnist E. Jean Carroll's accusation last year, he was acting not on behalf of his own interests but in his capacity as a public servant representing the people of the United States.
"Given the president's position in our constitutional structure, his role in communicating with the public is especially significant," wrote Justice Department lawyers, who last month at Barr's direction replaced Trump's personal legal team to represent the president in the case, in a highly unusual move. "The president's statements fall within the scope of his employment for multiple reasons."
The statements the government lawyers were referring to include Trump's claim that Carroll was "not [his] type," that he had never met her despite photographic evidence to the contrary, and that she was a liar who was trying to sell books by accusing him of raping her in a department store more than two decades ago, long before Trump's political career began.
"There is not a single person in the United States--not the president and not anyone else--whose job description includes slandering women they sexually assaulted," Carroll's attorneys wrote in response to the DOJ's claim on Monday.
Carroll, who sued Trump for defamation in a New York state court following his remarks, tweeted that she and her legal team are planning to argue in court that Trump's denial was "not an official act."
\u201cWe are REALLY looking forward to meeting you in court and arguing it was NOT an "official act."\n\nhttps://t.co/yicFk1DjNp\u201d— E. Jean Carroll (@E. Jean Carroll) 1603149226
The DOJ lawyers' claim comes a month after Barr intervened in Carroll's case against Trump, both by replacing the president's legal representation and by attempting to transfer the lawsuit from the state court to a federal district court. Both moves suggest the DOJ aims to have the case treated as one that was filed against a government employee who is immune from defamation lawsuits, in order to have Carroll's case dismissed.
Former federal prosecutor and NBC legal analyst Glenn Kirschner tweeted that Barr's latest action goes against the department's responsibility to work "on behalf of victims."
"Bill Barr is trying to use the DOJ to crush a victim," Kirschner said.
\u201cE. Jean Carroll reported that Trump raped her. He then defamed her. In the decades I spent as a prosecutor w/the DOJ we worked ON BEHALF OF victims, we tried to help them & vindicate the crimes committed against them. Bill Barr is trying to use the DOJ to crush a victim.\u201d— Glenn Kirschner (@Glenn Kirschner) 1603150045
Democratic presidential candidate Joe Biden last week criticized the president for using the DOJ as his "own law firm" to gain the upper hand in his legal troubles.
"'I'm being sued because a woman's accusing me of rape. Represent me. Represent me,'" Mr. Biden said in imitation of the president. "What's that all about?"
In Attorney General Bill Barr's latest attempt to help President Donald Trump avoid accountability for an alleged rape he is accused of committing in the 1990s, Barr on Monday argued in court filings that when the president denied columnist E. Jean Carroll's accusation last year, he was acting not on behalf of his own interests but in his capacity as a public servant representing the people of the United States.
"Given the president's position in our constitutional structure, his role in communicating with the public is especially significant," wrote Justice Department lawyers, who last month at Barr's direction replaced Trump's personal legal team to represent the president in the case, in a highly unusual move. "The president's statements fall within the scope of his employment for multiple reasons."
The statements the government lawyers were referring to include Trump's claim that Carroll was "not [his] type," that he had never met her despite photographic evidence to the contrary, and that she was a liar who was trying to sell books by accusing him of raping her in a department store more than two decades ago, long before Trump's political career began.
"There is not a single person in the United States--not the president and not anyone else--whose job description includes slandering women they sexually assaulted," Carroll's attorneys wrote in response to the DOJ's claim on Monday.
Carroll, who sued Trump for defamation in a New York state court following his remarks, tweeted that she and her legal team are planning to argue in court that Trump's denial was "not an official act."
\u201cWe are REALLY looking forward to meeting you in court and arguing it was NOT an "official act."\n\nhttps://t.co/yicFk1DjNp\u201d— E. Jean Carroll (@E. Jean Carroll) 1603149226
The DOJ lawyers' claim comes a month after Barr intervened in Carroll's case against Trump, both by replacing the president's legal representation and by attempting to transfer the lawsuit from the state court to a federal district court. Both moves suggest the DOJ aims to have the case treated as one that was filed against a government employee who is immune from defamation lawsuits, in order to have Carroll's case dismissed.
Former federal prosecutor and NBC legal analyst Glenn Kirschner tweeted that Barr's latest action goes against the department's responsibility to work "on behalf of victims."
"Bill Barr is trying to use the DOJ to crush a victim," Kirschner said.
\u201cE. Jean Carroll reported that Trump raped her. He then defamed her. In the decades I spent as a prosecutor w/the DOJ we worked ON BEHALF OF victims, we tried to help them & vindicate the crimes committed against them. Bill Barr is trying to use the DOJ to crush a victim.\u201d— Glenn Kirschner (@Glenn Kirschner) 1603150045
Democratic presidential candidate Joe Biden last week criticized the president for using the DOJ as his "own law firm" to gain the upper hand in his legal troubles.
"'I'm being sued because a woman's accusing me of rape. Represent me. Represent me,'" Mr. Biden said in imitation of the president. "What's that all about?"
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.