The Justice Department will no longer shield Trump in E. Jean Carroll defamation case


The Justice Department informed a federal court on Tuesday that it will no longer certify that former President Donald Trump was acting within his presidential duties in 2019 when he dismissed rape allegations by writer E. Jean Carroll, telling reporters she was "totally lying" and "not my type." The decision means Trump will have to defend himself in court and Carroll's 2019 defamation case can likely head to trial next January.
For years after Carroll sued Trump for defamation in federal court, the Justice Department sought to make the U.S. government, not Trump, the defendant, using a law called the Westfall Act. That would give Trump absolute immunity from the lawsuit. Whether Trump can be held personally liable and other questions have kept the case tied up in appeals for three years.
Justice Department lawyers told the presiding federal judge, Lewis Kaplan, that several things had changed since the DOJ last argued that Trump's comments were shielded by the Westfall Act. The new facts included Trump's 2022 deposition in a separate New York lawsuit Carroll filed against Trump, the New York jury's decision in May that Trump sexually assaulted and defamed Carroll, guidance from a District of Columbia appeals court on the parameters of the Westfall Act, and new allegedly defamatory comments Trump made about Carroll after the New York verdict.
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.
Given these new developments, "there is no longer a sufficient basis to conclude that the former president was motivated by 'more than an insignificant' desire to serve the United States government," the DOJ lawyers said. In fact the "history supports an inference that Mr. Trump was motivated by a 'personal grievance' stemming from events that occurred many years prior to Mr. Trump's presidency."
The Justice Department's new position supports Carroll's belief "that Donald Trump made his defamatory statements about our client in June 2019 out of personal animus, ill will and spite, and not as president of the United States," Carroll lawyer Roberta Kaplan said. "Now that one of the last obstacles has been removed, we look forward to trial." Trump's lawyers did not respond to requests for comments about the pivot.
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.
-
Third judge rejects DOJ's Epstein records request
Speed Read Judge Richard Berman was the third and final federal judge to reject DOJ petitions to unseal Epstein-related grand jury material
-
'It's our financialized economy in miniature'
Instant Opinion Opinion, comment and editorials of the day
-
Texas OKs gerrymander sought by Trump
Speed Read The House approved a new congressional map aimed at flipping Democratic-held seats to Republican control
-
Third judge rejects DOJ's Epstein records request
Speed Read Judge Richard Berman was the third and final federal judge to reject DOJ petitions to unseal Epstein-related grand jury material
-
Texas OKs gerrymander sought by Trump
Speed Read The House approved a new congressional map aimed at flipping Democratic-held seats to Republican control
-
Israel starts Gaza assault, approves West Bank plan
Speed Read Israel forces pushed into the outskirts of Gaza City and Netanyahu's government gave approval for a settlement to cut the occupied Palestinian territory in two
-
Court says labor board's structure unconstitutional
Speed Read The ruling has broad implications for labor rights enforcement in Texas, Louisiana and Mississippi
-
Feds seek harsh charges in DC arrests, except for rifles
Speed Read The DOJ said 465 arrests had been made in D.C. since Trump federalized law enforcement there two weeks ago
-
Judges: Threatened for ruling against Trump
Feature Threats against federal judges across the U.S. have surged since Donald Trump took office
-
The census: Why Trump wants a new one
Feature Donald Trump is pushing for a 'Trumpified census' that excludes undocumented immigrants
-
Trump taps Missouri AG to help lead FBI
Speed Read Missouri Attorney General Andrew Bailey has been appointed FBI co-deputy director, alongside Dan Bongino