The US Department of Justice has changed its position on a defamation lawsuit against former President Donald Trump. They now state that Trump can be legally held accountable for statements made during his time in office.
In a letter sent to the judge overseeing the case of E. Jean Carroll, the author who accused Trump of raping her in a New York department store in the mid-1990s, the Department of Justice stated that they no longer believe Trump is immune from prosecution for questionable statements made while in the White House.
Carroll filed a defamation lawsuit against Trump in 2020 after he called her a liar in response to her accusations. The Department of Justice had previously supported Trump’s argument that he was protected by the Westfall Act, which grants federal employees full immunity from lawsuits related to conduct within the scope of their employment.
However, the Department of Justice now concludes that they will no longer certify that Trump is immune from legal action during his presidency regarding his statements about Carroll. They stated that there is no evidence that Trump was sufficiently driven by the intent to serve the United States government when he denied Carroll’s sexual assault and made other statements about her.
In May, a jury awarded Carroll $5 million in damages and found that Trump had sexually assaulted her in a luxury store in 1996. The jury also determined that Trump had defamed Carroll with remarks he made about her and her allegations. The jury, however, did not support the accusation of rape against Trump.
This lawsuit was made possible by a law in the state of New York that temporarily allowed victims of sexual abuse to file civil lawsuits even decades after the alleged incidents.
The Department of Justice’s decision means that Trump can now be held civilly liable for statements made during his time in office. Previously, the lawsuits focused on statements made after his presidency. The Department of Justice cited Trump’s repetition of similar statements he made as president as one of the reasons for their shift in stance. Trump denied the incident and insulted Carroll shortly after the verdict was announced on a CNN show. The Republican plans to run for US president again in 2024.
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