Biden's Justice Department will continue to try to defend Trump in E. Jean Carroll defamation suit
The Justice Department's Civil Division told a federal appellate court Monday night that it will continue to try and defend former President Donald Trump in a libel suit brought by E. Jean Carroll, a journalist who said Trump raped her in a department store dressing room I the 1990s. After Carroll accused Trump of rape, Trump called her a liar and said, untruthfully, that he had never even met her. Carroll sued Trump for defamation in 2019, and Attorney General William Barr stepped in last September, controversially attempting to have the Justice Department replace Trump in the lawsuit, effectively killing the litigation.
A federal judge in Manhattan, Lewis Kaplan, rejected Barr's move, writing that the law he tried to use doesn't apply because Trump wasn't a government "employee" under the statute and wasn't acting "within the scope of his employment" when he allegedly defamed Carroll. "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 wrote.
The Trump Justice Department appealed that ruling to the 2nd U.S. Circuit Court of Appeals, and Monday's filing "indicates that the Biden administration has decided to keep pushing to be allowed to treat a sitting president's comments — albeit in response to a personal issue — as an official function of the office for the purposes of litigation that may arise from those comments," The Washington Post reports.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Brian Boynton, the acting head of the DOJ's Civil Division, underscored in Monday's filing that the Justice Department isn't defending Trump's actions, noting that the former president "attacked" Carroll's looks, "impugned her motives, and implied that she had made false accusations against others." But while those comments "were without question unnecessary and inappropriate," Boynton argued, Trump made them "in his capacity as president."
Roberta Kaplan, Carroll's lead lawyer, said the DOJ's "truly shocking" filing "is not only legally wrong, it is morally wrong since it would give federal officials free license to cover up private sexual misconduct by publicly brutalizing any woman who has the courage to come forward."
The White House said it "was not consulted by DOJ on the decision to file this brief or its contents," adding that President Biden and his team clearly "have utterly different standards from their predecessors for what qualifies as acceptable statements."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Today's political cartoons - November 2, 2024
Cartoons Saturday's cartoons - anti-fascism, early voter turnout, and more
By The Week US Published
-
Geoff Capes obituary: shot-putter who became the World’s Strongest Man
In the Spotlight The 'mighty figure' was a two-time Commonwealth Champion and world-record holder
By The Week UK Published
-
Israel attacks Iran: a 'limited' retaliation
Talking Point Iran's humiliated leaders must decide how to respond to Netanyahu's measured strike
By The Week UK Published
-
Judge reopens Trump challenge in secrets case
Speed Read Aileen Cannon continues to delay and complicate the classified documents case
By Rafi Schwartz, The Week US Published
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
By Peter Weber, The Week US Published
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
By Peter Weber, The Week US Published
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
By Peter Weber, The Week US Published
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
By Peter Weber, The Week US Published
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
By Peter Weber, The Week US Published
-
Greece legalizes same-sex marriage
Speed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law
By Peter Weber, The Week US Published
-
Trump and his lawyer Alina Habba have a rough day in defamation court
Speed Read Trump's audible grousing as E. Jean Carroll testified earned him a warning he could be thrown out of court, and Habba showed she 'doesn't know what the hell she's doing'
By Peter Weber, The Week US Published