- The U.S. Department of Justice has intervened in President Donald Trump’s defamation case surrounding a sex assault claim
- E. Jean Carroll is suing the President for calling her a liar when she came forward with her allegation
- The Justice Department has sought to take over the case from Trump’s private lawyers and make the U.S. the defendant
- It’s also pushing to have the case moved to the Federal Court, meaning U.S. tax-payers would foot the bill
- The move is allowed under an Act protecting public servants from being sued while undertaking their official duties
- The DOJ argued the President was acting within his scope when he denied the sex assault accusation
- The Federal Court of Manhattan will now decide whether the case — and Trump’s defence — fall under federal employee legislation
Donald Trump’s legal woes continue, with the U.S. Department of Justice intervening in a defamation case which relates to a sex assault claim against him.
The Justice Department is seeking to take over from the President’s private lawyers and change the defendant in the case from Donald Trump, to the U.S.
It also wants to move the case from a New York State court to a Federal Court, meaning taxpayers would have to pick up the legal bill.
What is the case?
The defamation case the DOJ is intervening on essentially relates to a sexual assault claim made against Trump.
Writer E. Jean Carroll is suing the U.S. President for calling her a liar after she came forward with her allegation that he assaulted her.
The sex attack allegedly occurred in an upscale New York department store in the mid-1990s, with E. Jean detailing the claim in a recent interview.
Trump has firmly denied the allegation, and accused the writer of lying — a claim she argues damaged her reputation.
E. Jean is seeking an unspecified amount of damages from her defamation suit against the President.
Why did the DOJ intervene?
The intervention by the U.S. Justice Department comes after a New York State Judge ruled against Trump’s request to have the case delayed.
Following the setback, representatives from the DOJ have moved to take over from the President’s lawyers, shift the case to the Federal Court and make the U.S. the defendant — not Trump.
The Department said it had the authority to take over under the Westfall Act, which protects public servants from claims arising from carrying out official duties.
It also plans to use this immunity as their defence, by arguing Trump acted within his scope as President to deny his accuser’s allegation.
However, the move by the DOJ to intervene also means taxpayers may have to pick up the tab for the legal battle or any damages occurred.
What happens next?
Ultimately, the Federal Court of Manhattan will decide if the President can be defended by Government lawyers, using taxpayer funds.
While E. Jean Carroll’s lawyers have condemned the move and signalled they’d like to see the case return to a New York State court.
“Trump’s effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent and shows even more starkly how far he is willing to go to prevent the truth from coming out,” lawyer Roberta A. Kaplan said.
Her comments were echoed by E. Jean herself, who took to social media to defend her lawsuit against the President.
TO DONALD J. TRUMP
— E. Jean Carroll (@ejeancarroll) September 8, 2020
Sir, I and my attorney Robbie Kaplan, are ready! So is every woman who has ever been silenced! So is every American citizen who has been trampled by Bill Barr and the DOJ!
BRING IT!@kaplanrobbie @JoshuaMatz8https://t.co/ebwkZJQTyD
Donald Trump hasn’t publicly commented on this latest development, nor has the Justice Department.