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turbinetree

(24,695 posts)
Tue Sep 8, 2020, 06:34 PM Sep 2020

Bill Barr's DOJ says Trump was acting as president when he allegedly defamed woman who accused him

of rape: report

Published 1 min ago on September 8, 2020
By Bob Brigham




President Donald Trump is seeking to have tax-payer lawyers defend him in a case revolving over whether he lied about raping a woman.

“The U.S. Justice Department is seeking to take over the defense of President Donald Trump in a defamation suit brought by advice columnist E. Jean Carroll, who claims Trump raped her two decades ago,” Bloomberg News reported Tuesday.

Carroll is seeking to depose Trump in the case and have him provide a DNA sample to match against the dress she still has from the alleged attack.

“Because President Trump was acting within the scope of his office or employment at the time of the incident out of which the plaintiff’s claim arose, the United States will file a motion to substitute itself for President Trump in this action” Bill Barr’s Department of Justice said in the filing.

https://www.rawstory.com/2020/09/bill-barrs-doj-says-trump-was-acting-as-president-when-he-allegedly-defamed-woman-who-accused-him-of-rape-report/



So Barr is trying to shield this "guy" and millions of Americans are paying for this shit sandwich.............

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Bill Barr's DOJ says Trump was acting as president when he allegedly defamed woman who accused him (Original Post) turbinetree Sep 2020 OP
The 'Defamation' Is Linked To The Act That Occurred Before He Was President Me. Sep 2020 #1
This is just wrong . .. Iliyah Sep 2020 #2
Agreed. However, this doesn't seem like it's legal! So Tramp is going broke paying for all Illumination Sep 2020 #16
Trump isn't going broke... SergeStorms Sep 2020 #21
Defaming women who credibly accuse him of rape is clearly a part of the Sacred Duties mr_lebowski Sep 2020 #3
Fuck you Barr, you Nazi of jurisprudence. n/t rzemanfl Sep 2020 #4
No law gets in Barr's way. Kid Berwyn Sep 2020 #5
Why doesn't Barr just fellate Donald on live TV so we'll all know what's going on here? BKDem Sep 2020 #6
Magnification on his glasses isn't powerful enough. Nevilledog Sep 2020 #7
And also, rummaging through the various folds of fat can be challenging. BKDem Sep 2020 #9
lol barbtries Sep 2020 #24
Is this guy really a lawyer? procon Sep 2020 #8
The House needs to cut the AG. funding NOW! bluestarone Sep 2020 #10
Big Billy is probably trying to get around Clinton v. Jones, which said: The Velveteen Ocelot Sep 2020 #11
So Barr's argument is,essentially, that the American people are paying DJT to defame women? CincyDem Sep 2020 #12
I'd like someone to ask Barr for an example of an "unofficial act" intrepidity Sep 2020 #35
The whole theory seems to be that the government should be substituted The Velveteen Ocelot Sep 2020 #38
I wonder if Barr and his father are sexual abusers also with something to hide JI7 Sep 2020 #13
Ya think? fierywoman Sep 2020 #31
'...will file a motion to substitute itself...' Volaris Sep 2020 #14
Uhh.... problem is, there are such judges nt intrepidity Sep 2020 #36
If this is speaknow Sep 2020 #15
Trump fights dna release keithbvadu2 Sep 2020 #17
This is current reality. warmfeet Sep 2020 #18
I Expect Trump's DNA Has Already Been Taken DallasNE Sep 2020 #19
I bet Mary Trump would offer hers nt intrepidity Sep 2020 #37
Un-F'en-Real! Pepsidog Sep 2020 #20
is Barr also suffering from dementia? barbtries Sep 2020 #22
This is a fascist move, this is serious. nt Hotler Sep 2020 #23
Whomever issued this corrupt guy's law license needs to revoke it - immediately!! onetexan Sep 2020 #25
. dalton99a Sep 2020 #26
That's perfect. spanone Sep 2020 #29
How apropos. nt iluvtennis Sep 2020 #30
so tired of this corrupt, criminal bullsh*t. nt iluvtennis Sep 2020 #27
The Coup is almost complete spanone Sep 2020 #28
hey, remember when the DOJ had a purpose beyond defending the president? good times Takket Sep 2020 #32
From Josh Marshall: Nevilledog Sep 2020 #33
The last 2 Republican pResisidents have hired AG's ... aggiesal Sep 2020 #34
 

Illumination

(2,458 posts)
16. Agreed. However, this doesn't seem like it's legal! So Tramp is going broke paying for all
Tue Sep 8, 2020, 08:04 PM
Sep 2020

his legal fees. Taxpayers & Barr will help him with this personal case? What? He needs to take that DNA test!...

SergeStorms

(19,200 posts)
21. Trump isn't going broke...
Tue Sep 8, 2020, 08:38 PM
Sep 2020

his campaign war chest is going broke. I wonder how many Trump donors know that their donations are being used to pay Trump's private legal fees? Ahhhh, they don't care. They'd throw themselves in front of a speeding train just so Hair Furor's hair wouldn't get messed up. Stupid is as stupid does.

 

mr_lebowski

(33,643 posts)
3. Defaming women who credibly accuse him of rape is clearly a part of the Sacred Duties
Tue Sep 8, 2020, 06:50 PM
Sep 2020

Entrusted to the President of the United States by its People.

After all, something something Monica something something!

So, gosh, what's the problem?

Kid Berwyn

(14,897 posts)
5. No law gets in Barr's way.
Tue Sep 8, 2020, 06:51 PM
Sep 2020

Hope everyone learns the full extent of his sick and sordid legal mind and Trump’s criminality. Their biographies overlap with regard to sexual assault via their longtime family friend, Jeffrey Epstein.

https://lawandcrime.com/high-profile/the-epstein-barr-problem-of-new-york-citys-dalton-school/

procon

(15,805 posts)
8. Is this guy really a lawyer?
Tue Sep 8, 2020, 06:54 PM
Sep 2020

If he tried this stunt in law school would his professors swoon at his stunning oratory, or would they boot him out of law school?

The Velveteen Ocelot

(115,683 posts)
11. Big Billy is probably trying to get around Clinton v. Jones, which said:
Tue Sep 8, 2020, 07:06 PM
Sep 2020
The separation-of-powers doctrine does not require federal courts to stay all private actions against the President until he leaves office. Even accepting the unique importance of the Presidency in the constitutional scheme, it does not follow that that doctrine would be violated by allowing this action to proceed. The doctrine provides a self-executing safeguard against the encroachment or aggrandizement of one of the three co-equal branches of Government at the expense of another. ... But in this case there is no suggestion that the Federal Judiciary is being asked to perform any function that might in some way be described as "executive.'' Respondent is merely asking the courts to exercise their core Article III jurisdiction to decide cases and controversies, and, whatever the outcome, there is no possibility that the decision here will curtail the scope of the Executive Branch's official powers. The Court rejects petitioner's contention that this case-as well as the potential additional litigation that an affirmance of the Eighth Circuit's judgment might spawn-may place unacceptable burdens on the President that will hamper the performance of his official duties. That assertion finds little support either in history, as evidenced by the paucity of suits against sitting Presidents for their private actions, or in the relatively narrow compass of the issues raised in this particular case. Of greater significance, it is settled that the Judiciary may severely burden the Executive Branch by reviewing the legality of the President's official conduct ... It must follow that the federal courts have power to determine the legality of the President's unofficial conduct. The reasons for rejecting a categorical rule requiring federal courts to stay private actions during the President's term apply as well to a rule that would, in petitioner's words, require a stay "in all but the most exceptional cases.''

...The Court is not persuaded of the seriousness of the alleged risks that this decision will generate a large volume of politically motivated harassing and frivolous litigation and that national security concerns might prevent the President from explaining a legitimate need for a continuance, and has confidence in the ability of federal judges to deal with both concerns. If Congress deems it appropriate to afford the President stronger protection, it may respond with legislation.
https://www.law.cornell.edu/supremecourt/text/520/681
That case involved an incident that allegedly occurred before Clinton became president, while this one occurred during Trump's presidency - he made a false statement about Carroll after she claimed he raped her before he became president. I don't see the difference, though, since under this analysis there would be no greater burden on the executive branch if the president has to defend against a claim involving an unofficial act while he was president than against one that occurred previously.

Barr is probably going to try to rely on Nixon v. Fitzgerald, in which Fitzgerald was dismissed from his job during a departmental reorganization and reduction in force, in which his job was eliminated. He alleged that his separation represented unlawful retaliation for his congressional testimony and named a number of officials, including Nixon, as defendants. The Supreme Court held that a president is immune from civil actions based on official acts:

... petitioner, as a former President of the United States, is entitled to absolute immunity from damages liability predicated on his official acts. We consider this immunity a functionally mandated incident of the President's unique office, rooted in the constitutional tradition of the separation of powers and supported by our history. Justice Story's analysis remains persuasive:

"There are . . . incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be included the power to perform them . . . . The president cannot, therefore, be liable to arrest, imprisonment, or detention, while he is in the discharge of the duties of his office; and for this purpose his person must be deemed, in civil cases at least, to possess an official inviolability."
https://www.law.cornell.edu/supremecourt/text/457/731

I will be very interested in seeing how Barr tries to explain how calling someone a liar while president because they accused him of raping her before he was president constitutes an official act of a president.

CincyDem

(6,355 posts)
12. So Barr's argument is,essentially, that the American people are paying DJT to defame women?
Tue Sep 8, 2020, 07:09 PM
Sep 2020

Hmm...of all the things I thought might in the president’s job description, this wasn’t on my list.

intrepidity

(7,294 posts)
35. I'd like someone to ask Barr for an example of an "unofficial act"
Wed Sep 9, 2020, 03:25 AM
Sep 2020

Because you can't have one without the other.

And then have him explain the difference.

The Velveteen Ocelot

(115,683 posts)
38. The whole theory seems to be that the government should be substituted
Wed Sep 9, 2020, 11:12 AM
Sep 2020

as the defendant because Trump was acting in his capacity as president when he defamed Jean Carroll, which is rank bullshit, but the effect would be that the case is thrown out because the government can't commit defamation. I think it's another bogus delaying tactic, and I don't get why Barr doesn't get smacked with a Rule 11 violation.

JI7

(89,248 posts)
13. I wonder if Barr and his father are sexual abusers also with something to hide
Tue Sep 8, 2020, 07:11 PM
Sep 2020

with that jeff Epstein connection.

Volaris

(10,270 posts)
14. '...will file a motion to substitute itself...'
Tue Sep 8, 2020, 07:57 PM
Sep 2020

Bahahahhaaha. Theres not a federal judge in the nation worth their law degree that wont shred this motion and then feed the peices to the raccoons in the courthouse bushes.

Barr must be out of his fucking mind to think this will play.

warmfeet

(3,321 posts)
18. This is current reality.
Tue Sep 8, 2020, 08:14 PM
Sep 2020

Don't like it?

Do something about it.

These problems are not going away anytime soon.

They are not because of the orange asshole (not defending this dipshit, just saying he is a result and not a cause). This reality exists here and now because of what our country has become - what we have allowed it to become.

We choose what country we live in. Remake it, or learn to live with it.

Remember how fucking bad reagan was? Bush 1, bush 2? Now tRump?

For fucks sake - .............

I am voting for Joe Biden and Kamala Harris. That is just the start.

Work together, change this shit.

DallasNE

(7,403 posts)
19. I Expect Trump's DNA Has Already Been Taken
Tue Sep 8, 2020, 08:34 PM
Sep 2020

So this move is to have taxpayer lawyers pay for Trump's legal defense on releasing the DNA as evidence in this litigation. This is simple discovery so what is the legal basis for contesting the release?

barbtries

(28,789 posts)
22. is Barr also suffering from dementia?
Tue Sep 8, 2020, 08:46 PM
Sep 2020

because his bullshit just gets weirder and weirder.

or maybe he's always been a twisted, evil fuck.

onetexan

(13,040 posts)
25. Whomever issued this corrupt guy's law license needs to revoke it - immediately!!
Tue Sep 8, 2020, 08:49 PM
Sep 2020

Lowbarr needs to be DISBARRED!!

aggiesal

(8,914 posts)
34. The last 2 Republican pResisidents have hired AG's ...
Tue Sep 8, 2020, 09:26 PM
Sep 2020

that believe they are the lawyer for the pResident instead of the nation.

Alberto Gonzales couldn't find work after leaving the AG post. He started a consulting firm and is currently Dean of Belmont University College of Law, in Nashville, Tennessee.

I hope Bill DisBarr at least gets.disbarred and goes to jail.

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