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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFed judge bars BARR's DOJ defense of SHITLER in defamation case (E. Jean CARROLL)
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https://lawandcrime.com/awkward/federal-judge-rejects-attorney-general-barrs-attempt-to-defend-trump-against-rape-accusers-defamation-lawsuit/
Federal Judge Rejects Attorney General Barrs Attempt to Defend Trump Against Rape Accusers Defamation Lawsuit
Less than one week after the Department of Justice tried and failed to make new arguments as to why E. Jean Carroll should be suing the United States and not Donald Trump in his personal capacity, a federal judge rejected DOJs attempted takeover of the defamation case.
Senior U.S. District Judge Lewis Kaplan, a Bill Clinton appointee, issued a decision on Tuesday, several weeks after the DOJ removed the Carroll case from state court to federal court in an attempt to substitute the U.S. as the defendant in place of Trump. That DOJ defense strategy, which Attorney General Bill Barr described as routine, was rejected. Recall: Attorney General Barr also said criticism of his move was a little tempest that was nothing more than the product of the bizarre political environment in which we live.
Judge Kaplan, in straightforward fashion, said that the DOJ went out of its way to erroneously argue that President Trump was acting within the scope of his office when he called Carrolls rape accusation a lie.
As explained above, the undisputed facts demonstrate that President Trump was not acting in furtherance of any duties owed to any arguable employer when he made the statements at issue. His comments concerned an alleged sexual assault that took place several decades before he took office, and the allegations have no relationship to the official business of the United States, the judge said. To conclude otherwise would require the Court to adopt a view that virtually everything the president does is within the public interest by virtue of his office. The government has provided no support for that theory, and the Court rejects it as too expansive.
In short, Kaplan ruled, President Trump is not an employee of the Government within the meaning of the relevant statutes, namely the Federal Tort Claims Act. But even if Trump was a covered employee, the judge wrote, making allegedly defamatory statements is not part of the job of the president. ....
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Fed judge bars BARR's DOJ defense of SHITLER in defamation case (E. Jean CARROLL) (Original Post)
UTUSN
Oct 2020
OP
kairos12
(13,464 posts)1. Calling ACB and SCOTUS. You are being paged.
Eliot Rosewater
(34,282 posts)6. Yep nothing is as it seems as long as we have actual
Fascist traitors running the supreme court and we do
Cryptoad
(8,254 posts)10. She's warming up in the batters box,,,,
Person of Interest
(380 posts)12. It's more like, "Paging Dr. Howard, Dr. Fine, Dr. Howard!"
malaise
(292,639 posts)2. Get thee to the greatest page
Does Barr have Covid? Seems to have disappeared
UTUSN
(76,834 posts)3. COVID or quarantined when SHITLER threw him under the bus?!1 This fail won't help him.
malaise
(292,639 posts)7. I could watch that bus
Cryptoad
(8,254 posts)11. He is in much bigger trouble if...
he doesnt get that blanket Pardon by Jan 20th,,,,,,
soothsayer
(38,601 posts)4. Nah, he's been out speaking
Well he might have it but hes still traveling and giving short speeches. One was 10 minutes; one 18 (last week).
malaise
(292,639 posts)5. Thanks
soothsayer
(38,601 posts)8. That probably confirms he has it!
Permanut
(7,971 posts)9. Judge Lewis Kaplan is clearly a radical left activist..
who needs to be replaced by a loyal pro-life patriot who won't cave in to the liberal Anti-American flag burning commie feminist globalist lamestream PC snowflakes. Say, a fine upstanding Constitutional scholar like Jay Sekulow, for example.