Anonymous ID: dac740 Jan. 28, 2024, 9:26 p.m. No.20321999   🗄️.is đź”—kun   >>2014 >>2022 >>2080 >>2348 >>2361

>>20321992

https://www.law.com/newyorklawjournal/2023/07/11/evidence-of-personal-motivation-doj-drops-westfall-act-certification-for-trump-in-carroll-defamation-action/?slreturn=20240029002503

>July 11, 2023 at 05:49 PM

The U.S. Department of Justice on Tuesday reversed its decision on issuing Westfall Act certification in E. Jean Carroll’s defamation lawsuit against former President Donald Trump, dealing a blow to his argument that he was acting within the scope of his employment as president when he made public statements about Carroll in 2019.

 

Carroll, who accused Trump of sexual assault, sued him for defamation after he publicly denied the allegations and accused her of lying. In a separate lawsuit, a Manhattan federal jury in May found Trump liable for defaming and sexually abusing Carroll and awarded her $5 million; Trump maintains his denial and has said he will appeal.

Anonymous ID: dac740 Jan. 28, 2024, 10:07 p.m. No.20322175   🗄️.is đź”—kun   >>2183 >>2188 >>2348 >>2361

>>20321992

https://nypost.com/2023/07/11/trump-no-longer-immune-in-e-jean-carroll-defamation-case-doj/

"Former President Donald Trump was not immune from civil action as a public official when he allegedly made defamatory statements against E. Jean Carroll in 2019, the Justice Department declared Tuesday.

 

The former “Ask E. Jean” advice columnist’s lawsuit against Trump, 77, alleges that the former president defamed her in a series of public statements in which he denied sexually abusing her in the mid-1990s.

 

Some of the allegedly defamatory statements came when Trump was president while others were made after a New York jury in May found the 45th president liable for sexually abusing Carroll inside Manhattan’s Bergdorf Goodman department store in 1996.

 

“[T]he Department has determined that it lacks adequate evidence to conclude that the former President was sufficiently actuated by a purpose to serve the United States Government to support a determination that he was acting within the scope of his employment when he denied sexually assaulting Ms. Carroll and made the other statements regarding Ms. Carroll that she has challenged in this action,” Principal Deputy Assistant Attorney General Brian Boynton wrote in a letter to counsel for Trump and Carroll on Tuesday."

Anonymous ID: dac740 Jan. 28, 2024, 10:12 p.m. No.20322188   🗄️.is đź”—kun   >>2348 >>2361

>>20322175

“The evidence of personal motivation that has been developed in this case outweighs any public-purpose inference one might draw in other circumstances,” he continues.

 

Carroll’s attorney celebrated the DOJ’s reversal on Tuesday, arguing that Trump’s comments were made out of “personal animus” and not in any way that served his job as president.

 

“We are grateful that the Department of Justice has reconsidered its position. 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 of the United States. Now that one of the last obstacles has been removed, we look forward to trial in E Jean Carroll’s original case in January 2024,” Robbie Kaplan said in a statement to The Post.

 

Carroll’s legal team on Tuesday also asked a judge to dismiss a countersuit filed by Trump claiming that she defamed him by repeating her claim that he raped her."