U.S. Seeks to Defend Trump in Rape Accuser's Defamation Suit

[riversedge]

Source: bloomberg



September 8, 2020, 3:48 PM CDT Updated on September 8, 2020, 6:25 PM CDT

DOJ move could delay E. Jean Carroll’s quest for evidence
Advice columnist is seeking a Trump deposition and DNA sample



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.

The move could further delay a suit in which Carroll is demanding potentially damaging evidence from Trump during the final weeks before the presidential election, including a deposition and a DNA sample to compare to a dress she claims she was wearing at the time of the alleged attack. It could also leave taxpayers on the hook for any damages awarded in the case.

In a court filing Tuesday, the Justice Department said Trump was acting “within the scope” of his job as president when he said Carroll lied about the incident, prompting her lawsuit. The U.S. also moved the case to Manhattan federal court from a New York state court, where a judge last month denied his request to stall the suit.

“Today’s actions demonstrate that Trump will do everything possible, including using the full powers of the federal government, to block discovery from going forward in my case before the upcoming election to try to prevent a jury from ever deciding which one of us is lying,” Carroll said in a statement Tuesday.

It’s not clear why the Justice Department is only now seeking to take over Trump’s defense of the suit, which was filed in November 2019. Trump, who has denied he raped Carroll, has been represented in the case by his longtime outside lawyer Marc Kasowitz. The lawyer didn’t immediately return phone and email messages seeking comment. The Justice Department also didn’t immediately return an email...............................................

Read more: https://www.bloomberg.com/news/articles/2020-09-08/doj-seeks-to-take-over-trump-defense-in-e-jean-carroll-lawsuit?utm_source=twitter&utm_medium=lawdesk&cmpId=google&campaign=11FDCAE4-F217-11EA-B8FF-65F14F017A06

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LORDY if this is allowed... damn.



According to Bill Barr, when Trump said that E. Jean Carroll, who alleges she was raped by Trump in 1995, was "not my type" he was acting "within the scope" of his job as President and is therefore entitled to a taxpayer-funded defense of Carroll's defamation suit

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[dflprincess]

1. Sounds like an admission of guilt to me.

[cp]

2. He wasn't president* when he raped her

Why should we pay for his defense?

[FBaggins]

14. The lawsuit isn't about the rape

It's likely far too late to make that claim.

But when he denied her accusation of rape... that was actionable. So the lawsuit is about his defamatory statement.

Clear enough... but those statements were made while he was President. Based on prior precedent, that gives him the ability to claim that the statement was made in his official capacity (and thus we pay for it).

[George II]

3. This is ridiculous. The alleged rape occurred 21 years before he was president.

[bucolic_frolic]

4. move from state to Federal court? from private lawsuit to DOJ jurisdiction? WTF???

[groundloop]

8. Yes, I want to know why the case was moved also.

It certainly seems like more maneuvering to stall and eventually save tRump's sorry ass.

Acting within the scope of the job of President to lie about this???? Again, every single day brings a new low.

[Politicub]

5. Infuriating. The DOJ is representing Trump for his rape case.

[riversedge]

6. Jill Wine-Banks: How can DOJ's claim that Pres Trump was acting in his official capacity as presiden

How can DOJ's claim that Pres Trump was acting in his official capacity as president when he denied ever knowing Ms. Carroll who claims Trump raped her pass the red face test? Justice Dept. Intervenes to Help Trump in E. Jean Carroll Rape Lawsuit

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[BigmanPigman]

7. Once again...DELAY. DELAY. DELAY!!!!

That is classic tRump.

[mahatmakanejeeves]

9. Here is Robbie Kaplan's reply. She is the greatest attorney in America!

LeaveMitchALONEHat Retweeted

This is a really strong statement, and I appreciate it. I still would like to read the DOJ filing myself. It's a public document paid for by our tax dollars.

Link to tweet

[Princess Turandot]

11. Here you go:

The federal court docket designation for the case is Carroll v. United States (1:20-cv-07311)

The Motion to Substitute Party's Main Document is just a short statement; the DOJ arguments are in the Memorandum. There are some attached affidavits which can be found on the case's Court Listener page, under the 'Motion to Substitute' entry. (The Court Listener page has the pdfs embedded if you prefer to read them that way.)

https://www.courtlistener.com/docket/18418220/carroll-v-united-states/

Main Document: https://www.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.3.0.pdf

Memorandum of Points and Authorities:
https://www.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.3.1_1.pdf

The filings for the Removal to Federal Court are also there, as Document 1.

[mahatmakanejeeves]

10. Previously at DU:

Fri Aug 7, 2020: Judge Rules That Trump Rape Accuser E. Jean Carroll Can Go Ahead With Defamation Suit

[mahatmakanejeeves]

12. Taxpayers could be on the hook for any potential damages if the U.S. government is allowed to ...

David Fahrenthold Retweeted

Taxpayers could be on the hook for any potential damages if the U.S. government is allowed to stand in for Trump.

Link to tweet

[mahatmakanejeeves]

13. Don't miss the comments.

Justice Dept. intervenes on behalf of Trump in defamation case brought by woman who accused him of rape