Justice Dept. intervenes on behalf of Trump in defamation case brought by woman who accused him of rape

  

Category:  News & Politics

Via:  pj  •  3 weeks ago  •  30 comments

By:   Matt Zapotosky

Justice Dept. intervenes on behalf of Trump in defamation case brought by woman who accused him of rape

S E E D E D   C O N T E N T



The Justice Department on Tuesday intervened in the defamation lawsuit brought by a woman who says President Trump raped her years ago, moving the matter to federal court and signaling it wants to make the U.S. government — rather than Trump himself — the defendant in the case. 

In filings in federal court in Manhattan, the Justice Department asserted that Trump was “acting within the scope of his office as President of the United States” when he denied during interviews in 2019 that he had raped journalist E. Jean Carroll more than two decades ago in a New York City department store. Carroll sued Trump over that denial in November .


The maneuver removes the case — at least for now — from state court in New York, where a judge last month had rejected Trump’s bid for a delay and put Carroll’s team back on course to seek a DNA sample and an under-oath interview from the president. It also means that Justice Department lawyers will be essentially aiding Trump’s defense, and taxpayers could be on the hook for any potential damages, if the U.S. government is allowed to stand in for Trump. Winning damages against the government, though, would be more unlikely than in a suit against Trump, as the notion of “sovereign immunity” gives the government and its employees broad protection from lawsuits.

Justice Department lawyers said that because Trump was acting as president when he denied the allegations, a judge should “substitute the United States for President Trump as defendant.”

In a statement, Roberta Kaplan, Carroll’s lawyer, blasted the department’s filing. She noted that because a New York state court had rejected Trump’s bid for a delay, he was “soon going to be required to produce documents, provide a DNA sample, and sit for a deposition.”

“Realizing that there was no valid basis to appeal that decision in the New York courts, on the very day that he would have been required to appeal, Trump instead enlisted the U.S. Department of Justice to replace his private lawyers and argue that when he lied about sexually assaulting our client, explaining that she ‘wasn’t his type,’ he was acting in his official capacity as President of the United States,” Kaplan said.

“Even in today’s world, that argument is shocking. It offends me as a lawyer, and offends me even more as a citizen. Trump’s effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent, and shows even more starkly how far he is willing to go to prevent the truth from coming out.” 


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PJ
1  seeder  PJ    3 weeks ago
Justice Department lawyers said that because Trump was acting as president when he denied the allegations, a judge should “substitute the United States for President Trump as defendant.”
 
 
 
JohnRussell
2  JohnRussell    3 weeks ago
“Realizing that there was no valid basis to appeal that decision in the New York courts, on the very day that he would have been required to appeal, Trump instead enlisted the U.S. Department of Justice to replace his private lawyers and argue that when he lied about sexually assaulting our client, explaining that she ‘wasn’t his type,’ he was acting in his official capacity as President of the United States,” Kaplan said. “Even in today’s world, that argument is shocking. It offends me as a lawyer, and offends me even more as a citizen. Trump’s effort to wield the power of the U.S. government to evade responsibility for his private misconduct is without precedent, and shows even more starkly how far he is willing to go to prevent the truth from coming out.” 

President* Trump's answer for all his personal issues, aka his crimes, is to say to the effect of "I'm president and you're not and I can do anything I want and you can't touch me, na na -na na -na na ."

Throw him out and lock him up. 

 
 
 
PJ
2.1  seeder  PJ  replied to  JohnRussell @2    3 weeks ago

Yes, but this is what we expect from him.  My issue is that our Agencies and Institutes are going along with it.  Even though it is highly unlikely there still is a possibility if this argument is accepted the taxpayers are on the line to pay out for any damages.

 
 
 
JohnRussell
2.1.1  JohnRussell  replied to  PJ @2.1    3 weeks ago

I think Trump's claim that he is the president and cannot be subject to the judicial system precedes Barr's arrival in his administration, but I could be wrong about that. 

I guess this woman's day in court with Trump will have to wait a few months. 

You are correct though, the taxpayer should not be footing Trump's defense of rape charges legal bills. 

 
 
 
FLYNAVY1
2.1.2  FLYNAVY1  replied to  PJ @2.1    3 weeks ago

From what I've read from multiple sources, Trump was loosing his argument in this case in the state courts to where there was going to be testimony and finding of fact that would be made public at a time Trump would not welcome it.   Trump won't escape it, but can delay it.  Then there is the point that puts the US Taxpayers on the hook for the costs of defending Trump as he clams "It happened while in the execution of his work." or some other Trumpian bullshit.

Justice delayed is justice denied..... 

 
 
 
PJ
2.1.3  seeder  PJ  replied to  FLYNAVY1 @2.1.2    3 weeks ago

Yes, Barr waiting to the last minute to throw this out there was tactical and for the purpose to delay potentially unfavorable facts coming out before the elections but as you say, it is still going to cost the taxpayers money in way of DOJ resources.  This is so damn aggravating. 

 
 
 
FLYNAVY1
2.1.4  FLYNAVY1  replied to  PJ @2.1.3    3 weeks ago

This is what Trump has done in so many of his lawsuits in the past..... drawn them out to where the plaintiffs have the choice to go broke or drop the case..... How is that justice?

 
 
 
MUVA
3  MUVA    3 weeks ago

Hopefully she pays the price for her false accusations along with her delusions of grandeur.

 
 
 
Dulay
3.1  Dulay  replied to  MUVA @3    3 weeks ago

What 'price' is that?

 
 
 
MUVA
3.1.1  MUVA  replied to  Dulay @3.1    3 weeks ago

Court cost. 

 
 
 
Dulay
3.1.2  Dulay  replied to  MUVA @3.1.1    3 weeks ago

Oh and HOW pray tell can she be charged court costs if her allegation isn't proven false MUVA? 

 
 
 
MUVA
3.1.3  MUVA  replied to  Dulay @3.1.2    3 weeks ago

You really don’t know?

 
 
 
Dulay
3.1.4  Dulay  replied to  MUVA @3.1.3    3 weeks ago

Actually, YOU really don't know because you just made a unfounded knee jerk comment unconnected to any fact. 

It may behoove you to review the concept of 'loser pays' in English common law and US jurisprudence. 

 
 
 
Ozzwald
3.1.5  Ozzwald  replied to  Dulay @3.1.4    3 weeks ago
It may behoove you to review the concept of 'loser pays' in English common law and US jurisprudence.

It's almost like he is not that familiar with this country...

 
 
 
Dismayed Patriot
3.2  Dismayed Patriot  replied to  MUVA @3    3 weeks ago
Hopefully she pays the price for her false accusations

But factually she will win this case because Trump is a slimy rapist even if his sycophant followers have their heads shoved up his ass too far to see it. Over two dozen women came forward, two dozen on women on the record, have accused dirty Donald of sexual assault and he even admitted to sexual assault in his own words claiming he doesn't "even wait" for consent and just starts kissing women he finds attractive and grabs them "by the pussy" because he thinks himself "a star", but his mentally incompetent lazy moronic fan club refuses to see the scum bag rapist they have hoisted on their shoulders and declared the swamp Emperor. Now all they have is some fantasy "hope" no one will uncover the diseased corruption of Trump and his cronies.

The fact that this rapist in the oval office is now trying to use the power of the Presidency and the Justice department to shield himself from consequence is simply sickening to any true patriot and those of us who love America and our constitution.

 
 
 
Texan1211
3.2.1  Texan1211  replied to  Dismayed Patriot @3.2    3 weeks ago

And yet, not one woman ever came forward and filed charges with the police.

If Trump wasn't President, you would have never heard from most of these women.

Real Americans know that accusations mean nothing while convictions do.

 
 
 
Buzz of the Orient
4  Buzz of the Orient    3 weeks ago

Unbelievable!!!  Trump isn't the POTUS, he's the EMPEROR. 

 
 
 
MUVA
4.1  MUVA  replied to  Buzz of the Orient @4    3 weeks ago

No he is just president this isn't china where the political bosses never change till death.

 
 
 
PJ
4.1.1  seeder  PJ  replied to  MUVA @4.1    3 weeks ago

The article isn't about China.  Please stay focused. 

 
 
 
MUVA
4.1.2  MUVA  replied to  PJ @4.1.1    3 weeks ago

I responded to buzz it wasn't a random comment .

 
 
 
PJ
4.1.3  seeder  PJ  replied to  MUVA @4.1.2    3 weeks ago

Okay, I'll take you at your word. 

 
 
 
Dismayed Patriot
4.1.4  Dismayed Patriot  replied to  MUVA @4.1.2    3 weeks ago
I responded to buzz it wasn't a random comment .

So if Buzz comments then China becomes the topic? What kind of horse shit is that?

 
 
 
Texan1211
4.1.5  Texan1211  replied to  Dismayed Patriot @4.1.4    3 weeks ago

Maybe the same horseshit as saying Trump is an emperor?

 
 
 
Buzz of the Orient
4.1.6  Buzz of the Orient  replied to  Texan1211 @4.1.5    3 weeks ago

Oh, I see, so I should have said "King" or "Potentate".

 
 
 
Buzz of the Orient
4.1.7  Buzz of the Orient  replied to  PJ @4.1.1    3 weeks ago

You were right, PJ.  MUVA went off topic in an attempt to slap my face.  He should stick to what he does best, fixing boats.  As it happens, all of China's leaders since Mao were replaced during their lifetimes. 

 
 
 
Texan1211
4.1.8  Texan1211  replied to  Buzz of the Orient @4.1.6    3 weeks ago

sure, you can say both those things.

and you will be just as wrong as you were with emperor

 
 
 
Gsquared
5  Gsquared    3 weeks ago

The courts still have to agree that Trump was "acting in his official capacity as President" before this is allowed.  It's so ridiculous that it's hard to imagine any rational judge agreeing.

 
 
 
FLYNAVY1
5.1  FLYNAVY1  replied to  Gsquared @5    3 weeks ago

From where I stand it is all about delaying testimony and the finding of facts that would come out in public.  That and possibly running her out of money to drop the case...... the typical Trump M.O.

 
 
 
Gsquared
5.1.1  Gsquared  replied to  FLYNAVY1 @5.1    3 weeks ago

I believe that is all it is.   Just Trump and Barr trying to run out the clock before the election.

 
 
 
Dulay
5.1.2  Dulay  replied to  FLYNAVY1 @5.1    3 weeks ago

I'm pretty sure that Roberta Kaplan would represent her pro bono if needs be. Kaplan won't walk away once she's taken a client, she won US v. Windsor as a pro bono attorney. That took 4 years. 

 
 
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