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Court of Appeals to hear arguments in E. Jean Carroll’s defamation case against Trump


The case centers on Trump’s legal argument, which has been supported by Justice Department leaders Trump and Biden, that he was acting in his official duty to answer reporters’ questions about the matter. rape allegations that Carroll made in a 2019 book.

The lawsuit has been a contentious issue for the Biden Justice Department, which has been criticized by some Democrats for its support of the former President.

The stakes in this case are very high. Trump faces a number of lawsuits and investigations and if he loses, he could be asked to sit for impeachment and provide a sample of his DNA, which Carroll wants versus the genetic material she says was on the dress she was wearing on the alleged date. assault. If Trump wins, the case will likely be dismissed, give him another legitimate victory weeks after another whistleblower, Summer Zervos, dropped her defamation lawsuit against Trump without leaving him impeached and any possible financial damage.

In 2019, Carroll sued Trump for defamation after Trump denied her claims that he raped her in a New York department store in the mid-1990s and continued to say she was not. is his type and she makes accusations to promote sales of her books.

The lawsuit initially went to state court but the Trump Justice Department moved in, arguing that because Trump, as president, is serving in his official capacity and thus the Justice Department should be replaced as defendant. That could mean the case will be dismissed as it is impossible to sue the government for defamation.

US District Judge Lewis Kaplan dismissed Trump and his DOJ’s argument showed that Trump is not a federal employee as Congress has defined. Trump and Trump DOJ appealed. As the administration changed hands, the Biden DOJ, under the direction of Attorney General Merrick Garland, continued to support the position.

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In a legal brief at the time, the Justice Department wrote that Trump “attacked her looks, covered up her motives, and implied that she had made false accusations against her.” others,” adding that such statements are “unnecessary and inappropriate.”

“But they all deny wrongdoing – this cannot be unequivocally cut out from the explanation included here,” the department continued. “The fact that additional statements are, at a minimum, inappropriate does not automatically take them outside the confines of the scope of employment.”

Carroll’s attorney, Roberta Kaplan, has previously said that the DOJ’s stance is “not only legally wrong, but morally wrong because it would give federal officials a free hand to cover up their actions. private sexual misconduct by openly brutalizing any woman who has the courage to come forward.”

In June, Garland was asked by lawmakers about the DOJ’s views at a hearing before the Senate Appropriations Subcommittee.

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“Consider the Department of Justice’s work in making decisions about the law that is not in favor of any government, past or present… And the essence of the rule of law is what I have said. said in accepting the nomination for attorney general, it Garland said in question by Senator Patrick Leahy, a Republican, that such cases should be treated the same, not one. one for Democrats and another for Republicans from Vermont.

Arguments will be heard by two Democratic-nominated judges and one Trump-nominated judge, William Nardini, a longtime federal prosecutor who was confirmed by the Senate by an 86-2 vote on 2019. A decision isn’t expected for several weeks, but an oral argument can often signal which way judges are leaning.

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