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DOJ argues it should substitute for Trump as defendant in E. Jean Carroll lawsuit
CNN Fake News ^ | 7 June 2021 | Erica Orden

Posted on 06/07/2021 7:19:18 PM PDT by Magnatron

The Justice Department argued in a brief filed Monday that it should be permitted to substitute itself for former President Donald Trump as defendant in a defamation lawsuit brought by a longtime magazine columnist, E. Jean Carroll, who accused him of rape, continuing the argument it had initiated under the previous administration even as the White House has changed hands.

"Then-President Trump's response to Ms. Carroll's serious allegations of sexual assault included statements that questioned her credibility in terms that were crude and disrespectful," Justice Department lawyers wrote in a brief to the 2nd US Circuit Court of Appeals. "But this case does not concern whether Mr. Trump's response was appropriate. Nor does it turn on the truthfulness of Ms. Carroll's allegations."

Rather, the lawyers wrote, because they believe Trump was an employee of the government and that he acted "within the scope of employment," the department, rather than Trump personally, should serve as defendant in the case.

"Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official's job," they wrote. "Courts have thus consistently and repeatedly held that allegedly defamatory statements made in that context are within the scope of elected officials' employment -- including when the statements were prompted by press inquiries about the official's private life."

In October, a district judge rejected the Justice Department's attempt to replace Trump in the lawsuit. If the department had been allowed to intervene in the case, that likely would have led to its dismissal, because the government cannot be sued for defamation.

Carroll's lawsuit alleges that Trump defamed her when he denied raping her, said she wasn't his type and claimed she had made the allegation to boost sales of her new book.

(Excerpt) Read more at cnn.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: 2ndcircuit; 4baghag; coyoteugly; ejeancarroll; lesleyoelsner; lewiskaplan; rapinbilljudge; sdnewyork; sdny; secondcircuit; seniormomentjudge
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Wait…

…um…

…what?

1 posted on 06/07/2021 7:19:18 PM PDT by Magnatron
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To: Magnatron

DOJ wants to take the dive on it to prove that Trump Admin was wrong.


2 posted on 06/07/2021 7:20:32 PM PDT by Bayard
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To: Magnatron

If they bump out Trump - they can make a plea deal damaging Trump.


3 posted on 06/07/2021 7:21:08 PM PDT by Pikachu_Dad ("the media are selling you a line of soap)
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To: Bayard

Exactly right.


4 posted on 06/07/2021 7:21:39 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Magnatron

New frontiers in Trump Derangement Syndrome.


5 posted on 06/07/2021 7:23:01 PM PDT by Steely Tom ([Voter Fraud] == [Civil War])
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To: Magnatron

So the doj can settle out of court by paying punitive damages in the amount of Trump’s wealth plus accured interest to be paid by all future trump decendants.


6 posted on 06/07/2021 7:25:15 PM PDT by cuz1961 (USCGR Veteran 78 to 84 )
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To: Magnatron
There's no way that Trump will run in ‘24. Soon there will be a dozen indictments filed against him by various prosecutors who,on orders from Rat Party Headquarters,are determined to keep him out of office.
7 posted on 06/07/2021 7:27:00 PM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: Magnatron
Carroll's lawsuit alleges that Trump defamed her when he denied raping her, said she wasn't his type and claimed she had made the allegation to boost sales of her new book.

So denying an allegation of rape is now defamation?

8 posted on 06/07/2021 7:27:46 PM PDT by Petrosius
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To: cuz1961

Paid by trump not doj.

Just doj agreeing to a sum owed.


9 posted on 06/07/2021 7:28:05 PM PDT by cuz1961 (USCGR Veteran 78 to 84 )
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To: Magnatron

Kangaroos!

Never trust a lawyer


10 posted on 06/07/2021 7:28:54 PM PDT by a fool in paradise (Lean on Joe Biden to follow Donald Trump's example and donate his annual salary to charity.)
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To: Magnatron

Is this about the “I was raped decades ago in the dressing room of an upscale department store while witnesses were present.” claim made by an attention seeking witless liar in a skirt?


11 posted on 06/07/2021 7:29:35 PM PDT by lastchance
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To: Magnatron

“Trump was an employee of the government and that he acted “within the scope of employment,” “

The President is an employee? Just another civil servant like Sally Yates? Subject to quarterly reviews by his overseers in Congress?

Gee. Thought we had put that to rest quite decisively. If it’s true, when can we expect the drunken thug and corrupticon currently occupying the slot to get his walking papers?


12 posted on 06/07/2021 7:32:06 PM PDT by Regulator (It's Fraud, Jim)
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To: Magnatron

The DOJ is a Marxist tool organization.


13 posted on 06/07/2021 7:33:21 PM PDT by Paladin2 (Critical Marx Theory is The SOLUTION....)
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To: Gay State Conservative

“There’s no way that Trump will run in ‘24. Soon there will be a dozen indictments filed against him by various prosecutors who,on orders from Rat Party Headquarters,are determined to keep him out of office.”
Your statement is ludicrous. It is belied by the fact that President Trump is gearing up his 2024 bid with Rally’s already scheduled. His teams plan to launch his own media platform in July. And, his lifelong track record of never ever caving to threatened or filed lawsuits. Ever.
I suggest you read The Art of the Deal and The Art of The Comeback. Those two books will serve to enlighten you about who this man is.


14 posted on 06/07/2021 7:33:25 PM PDT by ocrp1982 ( Bibicly)
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To: Steely Tom
New frontiers in Trump Derangement Syndrome.

Biden’s DOJ is taking the same position as Trump’s.

15 posted on 06/07/2021 7:33:32 PM PDT by semimojo
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To: Magnatron

Not my type is defamatory? What a windfall for spurned males.


16 posted on 06/07/2021 7:33:43 PM PDT by AndyJackson
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To: Magnatron

It’s the principle that they are defending. Because the same kind of defamation lawsuit could be brought against any POTUS.


17 posted on 06/07/2021 7:33:53 PM PDT by maro (MAGA!)
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To: Magnatron

It’s a trick.

They’ll negotiate a deal/settlement that will let Trump be forever accused with no further recourse possible.


18 posted on 06/07/2021 7:40:14 PM PDT by Rurudyne (Standup Philosopher)
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To: ocrp1982

He could not “win” when he was the incumbent. How much harder to win when the cheaters are in office already?


19 posted on 06/07/2021 7:41:55 PM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: ocrp1982

When the day comes that every news report starts with “and today President Trump was indicted for child molestation in 1966” they will cause the less than dedicated voters to go off of him. Just remember that not *everyone* who voted for him in ‘16...or ‘20...has an IQ of 100 (or higher).


20 posted on 06/07/2021 7:45:25 PM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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