SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
E. Jean Carroll speaks onstage during the How to Write Your Own Life panel at the 2019 Glamour Women of the Year summit at Alice Tully Hall on November 10, 2019 in New York City.
(Photo by Ilya S. Savenok/Getty Images for Glamour)
Federal Judge Denies Motion to Substitute DOJ for Trump in Rape Accuser's Defamation Suit
"President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the office of the president," a lawyer for E. Jean Carroll said.
Oct 27, 2020
A federal judge on Tuesday denied a Justice Department motion to take over President Donald Trump's legal defense in the defamation lawsuit of E. Jean Carroll, who accused the president of raping her in the 1990s.
"When Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. I am happy that Judge Kaplan recognized these basic truths."
--E. Jean Carroll
In a highly unusual move, the DOJ had tried to intervene in the case of Carroll, a journalist who last June joined the over two dozen women who have now accused Trump of assault, molestation, or harassment. Had it been successful, the DOJ would have substituted itself as the defendant in the case, and since the federal government cannot be sued for defamation, the suit would have been effectively terminated.
However, U.S. District Judge Lewis Kaplan denied the government's motion, arguing in a 61-page ruling (pdf) that Trump "is not an 'employee of the Government,' as Congress defined that term," and that the DOJ's assertion that the defamation suit is against the United States is invalid.
"The undisputed facts demonstrate that President Trump was not acting in furtherance of any duties owed to any arguable employer when he made the statements at issue," wrote Kaplan. "His comments concerned an alleged sexual assault that took place several decades before he took office, and the allegations have no relationship to the official business of the United States."
"To conclude otherwise would require the court to adopt a view that virtually everything the president does is within the public interest by virtue of his office," Kaplan asserted.
"No one even arguably directed or controlled President Trump when he commented on the plaintiff's accusation, which had nothing to do with the official business of government, that he raped her decades before he took office," Kaplan added.
Kaplan's opinion allows Carroll to proceed with her suit against the president. Roberta Kaplan, Carroll's attorney, welcomed the judge's ruling.
"The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the office of the president," the attorney for Carroll said in a statement on Tuesday.
Carroll also celebrated the decision, saying in a statement that "when Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. I am happy that Judge Kaplan recognized these basic truths."
Last June, Carroll claimed Trump raped her in a dressing room of a Bergdorf Goodman department store in Manhattan in 1995 or 1996. Trump responded to the accusation by denying he had ever met Carroll, and saying that she wasn't his "type."
"She is trying to sell a new book that should indicate her motivation," Trump said of his accuser. "It should be sold in the fiction section."
Carroll then sued Trump last November, arguing that his denials amounted to libel because of the damage they caused her reputation. In August a New York state court ruled the suit could proceed, which led to the DOJ's attempt to substitute itself for Trump going forward.
To date, at least 26 women have accused Trump--who infamously boasted of sexually assaulting women with impunity in a recording released a month before the 2016 election--of sexual assault or harrassment.
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
A federal judge on Tuesday denied a Justice Department motion to take over President Donald Trump's legal defense in the defamation lawsuit of E. Jean Carroll, who accused the president of raping her in the 1990s.
"When Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. I am happy that Judge Kaplan recognized these basic truths."
--E. Jean Carroll
In a highly unusual move, the DOJ had tried to intervene in the case of Carroll, a journalist who last June joined the over two dozen women who have now accused Trump of assault, molestation, or harassment. Had it been successful, the DOJ would have substituted itself as the defendant in the case, and since the federal government cannot be sued for defamation, the suit would have been effectively terminated.
However, U.S. District Judge Lewis Kaplan denied the government's motion, arguing in a 61-page ruling (pdf) that Trump "is not an 'employee of the Government,' as Congress defined that term," and that the DOJ's assertion that the defamation suit is against the United States is invalid.
"The undisputed facts demonstrate that President Trump was not acting in furtherance of any duties owed to any arguable employer when he made the statements at issue," wrote Kaplan. "His comments concerned an alleged sexual assault that took place several decades before he took office, and the allegations have no relationship to the official business of the United States."
"To conclude otherwise would require the court to adopt a view that virtually everything the president does is within the public interest by virtue of his office," Kaplan asserted.
"No one even arguably directed or controlled President Trump when he commented on the plaintiff's accusation, which had nothing to do with the official business of government, that he raped her decades before he took office," Kaplan added.
Kaplan's opinion allows Carroll to proceed with her suit against the president. Roberta Kaplan, Carroll's attorney, welcomed the judge's ruling.
"The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the office of the president," the attorney for Carroll said in a statement on Tuesday.
Carroll also celebrated the decision, saying in a statement that "when Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. I am happy that Judge Kaplan recognized these basic truths."
Last June, Carroll claimed Trump raped her in a dressing room of a Bergdorf Goodman department store in Manhattan in 1995 or 1996. Trump responded to the accusation by denying he had ever met Carroll, and saying that she wasn't his "type."
"She is trying to sell a new book that should indicate her motivation," Trump said of his accuser. "It should be sold in the fiction section."
Carroll then sued Trump last November, arguing that his denials amounted to libel because of the damage they caused her reputation. In August a New York state court ruled the suit could proceed, which led to the DOJ's attempt to substitute itself for Trump going forward.
To date, at least 26 women have accused Trump--who infamously boasted of sexually assaulting women with impunity in a recording released a month before the 2016 election--of sexual assault or harrassment.
A federal judge on Tuesday denied a Justice Department motion to take over President Donald Trump's legal defense in the defamation lawsuit of E. Jean Carroll, who accused the president of raping her in the 1990s.
"When Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. I am happy that Judge Kaplan recognized these basic truths."
--E. Jean Carroll
In a highly unusual move, the DOJ had tried to intervene in the case of Carroll, a journalist who last June joined the over two dozen women who have now accused Trump of assault, molestation, or harassment. Had it been successful, the DOJ would have substituted itself as the defendant in the case, and since the federal government cannot be sued for defamation, the suit would have been effectively terminated.
However, U.S. District Judge Lewis Kaplan denied the government's motion, arguing in a 61-page ruling (pdf) that Trump "is not an 'employee of the Government,' as Congress defined that term," and that the DOJ's assertion that the defamation suit is against the United States is invalid.
"The undisputed facts demonstrate that President Trump was not acting in furtherance of any duties owed to any arguable employer when he made the statements at issue," wrote Kaplan. "His comments concerned an alleged sexual assault that took place several decades before he took office, and the allegations have no relationship to the official business of the United States."
"To conclude otherwise would require the court to adopt a view that virtually everything the president does is within the public interest by virtue of his office," Kaplan asserted.
"No one even arguably directed or controlled President Trump when he commented on the plaintiff's accusation, which had nothing to do with the official business of government, that he raped her decades before he took office," Kaplan added.
Kaplan's opinion allows Carroll to proceed with her suit against the president. Roberta Kaplan, Carroll's attorney, welcomed the judge's ruling.
"The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the office of the president," the attorney for Carroll said in a statement on Tuesday.
Carroll also celebrated the decision, saying in a statement that "when Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. I am happy that Judge Kaplan recognized these basic truths."
Last June, Carroll claimed Trump raped her in a dressing room of a Bergdorf Goodman department store in Manhattan in 1995 or 1996. Trump responded to the accusation by denying he had ever met Carroll, and saying that she wasn't his "type."
"She is trying to sell a new book that should indicate her motivation," Trump said of his accuser. "It should be sold in the fiction section."
Carroll then sued Trump last November, arguing that his denials amounted to libel because of the damage they caused her reputation. In August a New York state court ruled the suit could proceed, which led to the DOJ's attempt to substitute itself for Trump going forward.
To date, at least 26 women have accused Trump--who infamously boasted of sexually assaulting women with impunity in a recording released a month before the 2016 election--of sexual assault or harrassment.
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.