A new legal battle unfolds as E. Jean Carroll's legal team challenges the Justice Department's attempt to intervene in her defamation case against Donald Trump.
According to CBS News, Carroll's attorneys argue that the Justice Department's bid to shield Trump from an $83.3 million jury award comes "nearly two years too late" and should be rejected.
The Justice Department's intervention attempt marks the second time they've sought to protect Trump in this case, citing the Westfall Act, which typically shields federal employees from lawsuits related to their official duties. This move comes after a unanimous federal jury found Trump liable for defamatory statements in January 2024, following his denial of sexually abusing Carroll.
The federal agency previously supported Trump during his presidency and through part of Joe Biden's term. However, this protection was withdrawn after a 2023 jury verdict found Trump liable for sexually abusing Carroll and making defamatory statements, resulting in a $5 million award.
Carroll's legal team, led by Roberta Kaplan, emphasizes that Trump missed a court-ordered deadline to pursue Westfall protections. The deadline was set for July 13, 2023, but Trump instead focused on claiming presidential immunity, which was later rejected.
Legal experts, including Northwestern School of Law professor James Pfander, support Carroll's position, pointing to the Westfall Act's specific timing requirement of "before trial."
The case originated from Carroll's 2019 book excerpt in New York magazine, where she accused Trump of sexually assaulting her in a department store dressing room during the mid-1990s. Trump responded by calling Carroll a "whack job" and claiming he had never met her.
The Justice Department filed on April 11, maintaining that Trump acted within his official presidential capacity when making the allegedly defamatory statements. They argue that the U.S. Court of Appeals for the Second Circuit must substitute the United States for Trump in the case.
Carroll's attorneys highlight that multiple decision-makers have concluded Trump acted outside his employment scope when denying personal misconduct allegations from before his presidency.
The Justice Department's involvement raises questions about taxpayer-funded protection for presidential statements. Their current position contrasts sharply with previous determinations about the scope of presidential duties.
Trump continues to deny all allegations and has appealed both jury verdicts. The ongoing legal battle tests the boundaries of presidential protection under the Westfall Act. The case has sparked debate about the extent of federal protection for presidential statements and their timing requirements.
E. Jean Carroll's legal team maintains their position against the Justice Department's intervention in the $83.3 million defamation case against Trump. The battle centers on whether Trump's statements denying sexual abuse allegations fall within his official presidential duties and qualify for federal protection.
The case's resolution will likely establish important precedents about the timing and scope of Westfall Act protections, particularly concerning presidential statements about personal conduct predating their time in office. The outcome could significantly impact future cases involving presidential immunity and federal protection for government officials.
