New York, USA – In a significant legal development, former President Donald Trump faced a setback on Tuesday when the US government retracted its earlier assertion that he was immune from the $10 million defamation lawsuit brought against him by writer E. Jean Carroll.
The US Department of Justice, in a letter to the lawyers representing Trump and Carroll, stated that it no longer believed Trump’s denial of raping Carroll in a Manhattan department store dressing room in the mid-1990s fell within the scope of his presidential office and employment. This marks a reversal from the department’s previous conclusion during the late stages of Trump’s presidency, which has surprised many observers.
The change in stance by the Department of Justice means that it will not attempt to substitute itself as the defendant in the case, effectively allowing Carroll’s lawsuit to proceed. However, it also signifies that the government cannot be sued for defamation, bringing an end to Carroll’s case against Trump.
The department explained its decision by stating, “Evidence of Mr. Trump’s state of mind, some of which has come to light only after the department last made a certification decision, does not establish that he made the statements at issue with a ‘more than insignificant’ purpose to serve the United States government.”
Reacting to the announcement, Steven Cheung, spokesperson for Donald Trump, accused President Joe Biden’s Justice Department of politically weaponizing the justice system against Trump. He dismissed the department’s move as “a partisan sham.”
Roberta Kaplan, Carroll’s lawyer, welcomed the change in the government’s position, as it removes a potential obstacle to the scheduled trial on January 15, 2024, in a federal court in Manhattan.
“We have always believed 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,” stated Kaplan.
The defamation lawsuit was filed by Carroll, now 79, against Trump, aged 77, after he refuted her rape allegation, claiming not to know her, asserting that she was not his “type,” and accusing her of lying to boost sales of her memoir.
Following a subsequent denial in October 2022, Carroll filed a second lawsuit, which resulted in a jury awarding her $5 million in damages for defamation and sexual abuse, although the jury did not find Trump guilty of rape. Trump is currently appealing this verdict.
Earlier on Tuesday, Carroll filed a motion urging the court to dismiss Trump’s countersuit, in which he alleged that she defamed him by restating her rape allegation. Carroll’s legal team argued that Trump’s countersuit was a maneuver to downplay his trial loss and claimed that she had caused significant harm to his reputation, demanding an exorbitant amount of damages by implying that the assault was also rape.
Carroll’s lawyers further contended that Trump’s countersuit was filed too late, seeking to further delay a case that was ready for trial after multiple delays.
Trump, who is once again vying for the presidency, filed a lawsuit against Carroll on June 27, objecting to her comments in a CNN interview after the verdict, reported by Reuters, where she exclaimed, “oh yes he did, oh yes he did,” in response to a question about the jury’s finding that Trump did not commit rape.
In their motion, Carroll’s lawyers argued that her statement of “oh yes he did” was not made with actual malice, meaning she did not know or recklessly disregard whether the statement was false. They also maintained that the statement was “substantially true” and merely reflected Carroll’s reaction as the verdict was announced.
The case, known as Carroll v Trump, is being heard in the US District Court, Southern District of New York, under case number 20-07311.
