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Justice Department Reverses Position on E. Jean Carroll’s Lawsuit Against Former President Donald Trump

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Key takeaways:

  • The Justice Department has reversed its position on a lawsuit brought by writer E. Jean Carroll against former President Donald Trump.
  • The Department had originally argued that Trump was protected from liability by the Westfall Act, but has now reversed its position.
  • The lawsuit, which was filed in 2019, accuses Trump of defaming Carroll when he denied her allegation that he raped her in the 1990s.

The Justice Department has reversed its position on a lawsuit brought by writer E. Jean Carroll against former President Donald Trump. In a court filing on Tuesday, the Department said it no longer believes Trump was acting within the scope of his presidential duties when he allegedly defamed Carroll in 2019 while denying her rape accusation.

Principal Deputy Assistant Attorney General Brian Boynton wrote in a letter to attorneys for Trump and Carroll that a jury’s determination in a separate civil lawsuit that Trump was liable for sexual abuse and defamation of Carroll factored into the decision. Boynton said that the Department had determined that there was no longer a sufficient basis to conclude that the former President was motivated by “more than an insignificant” desire to serve the United States Government when he disparaged Carroll in remarks to reporters four years ago.

The Justice Department had originally argued that Trump was protected from liability by the Westfall Act, which grants federal employees absolute immunity from personal lawsuits for conduct occurring within the scope of their employment. However, the Department has now reversed its position, saying that Trump was not acting within the scope of his presidential duties when he allegedly defamed Carroll.

The lawsuit, which was filed in 2019, accuses Trump of defaming Carroll when he denied her allegation that he raped her in the 1990s. Trump has denied the allegation and has sought to have the case dismissed. It is unclear what impact the Justice Department’s reversal will have on the case.

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