In a significant shift, the Justice Department announced on Tuesday that it will no longer assert presidential protection for Donald Trump in the ongoing defamation lawsuit filed by writer E. Jean Carroll. Previously, the government, under both Trump and President Joe Biden, argued that Trump’s derogatory remarks about Carroll were within his official presidential duties and covered by the Westfall Act. However, new information from the civil case prompted a change in stance. The government now acknowledges that the statements made by Trump were related to a personal incident and not motivated by a purpose to serve the Government. This change in position could potentially weaken Trump’s defense in the lawsuit.
Carroll, who accused Trump of sexually assaulting her in a department store nearly 30 years ago, was awarded $5 million in damages by a jury in the civil case. She has also filed a separate defamation case seeking additional damages of at least $10 million. Trump had called her a “whack job” on CNN earlier this year, leading the judge to allow her to amend her defamation suit.
The Justice Department’s filing emphasizes that the history between Carroll and Trump suggests that his statements were motivated by a personal grievance rather than official duties. The government’s previous argument no longer holds, as the allegations stem from a pre-presidential incident. The filing acknowledges that the statements were made in a work context, but the motivation behind them was personal.
Carroll’s attorney, Roberta Kaplan, expressed gratitude for the Justice Department’s reconsideration of its position. She has always maintained that Trump’s defamatory statements were driven by personal animus and not his role as the president. In response, Trump’s attorneys have filed a countersuit, claiming that Carroll defamed him by repeating her accusation of rape.
The defamation suit is scheduled to proceed to trial in January, where the outcome will determine the resolution of this legal dispute.
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