In a significant development, the Department of Justice (DOJ) has reversed its stance on Donald Trump’s defense in a lawsuit filed by writer E. Jean Carroll, who accused him of rape. The DOJ, in a letter to the respective lawyers, disclosed that it will no longer seek to shield Trump from civil liability in Carroll’s defamation lawsuit against him.
This change in position by the DOJ could have a significant impact on Carroll’s pending lawsuit, as it eliminates the government’s ability to claim sovereign immunity. Previously, if the DOJ had been successful in its argument, it would have effectively ended Carroll’s lawsuit.
The move by the DOJ comes two months after a separate federal lawsuit against Trump by Carroll, where a jury ordered him to pay $5 million for sexually abusing her and defaming her. The DOJ had not been involved in that case as the alleged actions occurred outside of Trump’s tenure in the White House. Trump is currently appealing the verdict and jury award.
The DOJ pointed to a recent decision by a federal appeals court in Washington, D.C., which suggested that Trump could be personally sued if his statements about Carroll did not serve the U.S. government’s purpose. Additionally, the DOJ highlighted the fact that Trump’s allegedly defamatory statements continued after he left the White House, further weakening the argument for him being within the scope of his office.
Brian Boynton, the principal deputy assistant attorney general of the DOJ’s civil division, stated in the letter, “The Department of Justice is declining to certify under the Westfall Act… that defendant Donald J. Trump was acting within the scope of his office and employment as President of the United States when he made the statements that form the basis of the defamation claims in plaintiff’s Amended Complaint in this action.”
Carroll’s attorney, Roberta Kaplan, expressed gratitude for the DOJ’s reconsideration and stated, “We have always believed that Donald Trump made his defamatory statements about our client out of personal animus, ill will, and spite, and not as President of the United States.”
This development marks a significant shift in the legal battle between Carroll and Trump. Trump, during his presidency, had called Carroll a liar and alleged that she was motivated by money and political animus. Carroll filed the defamation lawsuit in response to these statements made by Trump in 2019.
Previously, the DOJ, under Attorney General Bill Barr, argued that Trump should be replaced by the United States as the defendant in the case due to his presidential status. However, U.S. District Judge Lewis Kaplan rejected this argument. The DOJ then appealed the denial and continued to press its position even under the administration of President Joe Biden.
The DOJ’s letter also noted that the D.C. Court of Appeals clarified that D.C. law does not automatically classify any statement made through official channels as being made for official purposes.
Overall, this latest development brings Carroll one step closer to her day in court. With the removal of this major obstacle, the trial for her original case against Trump is scheduled to take place in January 2024. CNBC has reached out to Trump’s lawyers for comment on the matter.
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