Trump’s Denial Of Rape Allegation Was ‘Official Act,’ DOJ Asserts In Seeking To Take Over President’s Case

Topline

The U.S. Justice Department said Monday that President Donald Trump’s denial of a rape accusation was an “official act” in his capacity as president and he shouldn’t be sued personally by his accuser, writer E. Jean Carroll, who brought a defamation suit against the president after he denied the allegation.

Key Facts

In a 2019 New York Magazine story, Carroll claimed Trump raped her in a Manhattan department store in the 1990s.

After Trump denied the allegation as “false” saying Carroll was just “trying to sell a new book” and claiming to never have met her, despite there being a photograph of them together, she filed a defamation lawsuit against him.

The DOJ said even though the alleged rape happened decades before Trump became president, his denial was part of his official White House duties in “response to press inquiries” and therefore an “official act.”

Justice Department lawyers Monday said Trump didn’t slander Carroll, only quashed the allegations, and his rebuttal fell within the scope of his job because a rape accusation, could impact his ability to do his job.

Key Background

On September 8 the DOJ intervened in the suit against Trump using a law designed to protect federal employees against defamation suits when they perform their duties. If approved by a judge, the DOJ would have the lawsuit transferred from state court to federal court, and effectively would win dismissal of the case since federal employees are legally immune to most claims of defamation. Earlier this month, Carroll asked a judge to reject the Justice Department’s move to intervene in the case. Carrol claims she lost her job at Elle Magazine after Trump attacked her reputation when he denied the accusation.

Crucial Quote

“There is not a single person in the United States — not the president and not anyone else — whose job description includes slandering women they sexually assaulted,” Ms. Carroll’s lawyers wrote in court documents, according to the New York Times.

Further Reading

Justice Dept. Says Trump’s Denial of Rape Accusation Was an Official Act (New York Times)

Justice Department Seeks To Defend Trump In Rape Accuser’s Defamation Suit (Forbes)

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