Carroll sued Trump for defamation after saying she lied about alleged rape.
April 17, 2021, 2:59 a.m.
5 min read
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Instead, Carroll called on the US Court of Appeals to confirm, “Trump was not acting as President of the United States when he repeatedly deliberately defamed a private individual in order to punish and avenge them after making a public announcement , that he.” had sexually assaulted her decades before he took office. “
Carroll sued the former president for defamation after accusing her of playing politics and lying in a dressing room in Bergdorf Goodman about an alleged rape in the 1990s.
Last October, U.S. District Judge Lewis Kaplan turned down the Department of Justice’s offer to replace Trump as a defendant, ruling that his statements about Carroll were not made within the scope of his official duties and that the legal theory advocated by the DOJ does not apply to the president .
E. Jean Carroll arrives at court in New York on March 4, 2020.
“Trump has tried repeatedly and failed to start my lawsuit,” Carroll said in a statement on Friday. “Last fall, he called in his Justice Department and tried to get it fired in federal court. He lost. Just a week before President Biden’s inauguration, Trump’s private attorneys and the DOJ joined forces to argue on appeal when Trump called me phoned As a liar too ugly to be raped, he was kind of president. That’s offensive to me. “
“I am confident that the Second Circuit will make it clear that no president, including Donald Trump, can get away with malicious defamation of a woman he has sexually assaulted,” she added.
Roberta Kaplan, Carroll’s attorney and unrelated to the district judge, said, “As the district court duly recognized, while the legal principles in this case are unique, the legal principles are not. No one in this country, not even the president, is above the law. “
On appeal, the Justice Department insisted that the former president comment on a matter of public concern when addressing Carroll’s allegation because it was “an issue that may be relevant to his ability to perform his duties effectively”.
Former President Donald Trump speaks during the Conservative Political Action Conference in Orlando, Florida on February 28, 2021.
Carroll’s lawyers warned that granting the appeal “would support the view that our most powerful political leaders are above the law”.
Carroll published a book excerpt in 2019 in which she wrote that Trump raped her in the 1990s. Almost immediately after the excerpt was published, Trump – who had been president until then – told the press that Carroll made up the rape story and that he had never met her. Carroll sued him in New York State Court.
Initially, the former president defended the case as a private person. He was represented by his personal attorneys, not the DOJ or other government attorneys. The state court denied his claim that he could not be sued for being president. At that point, the US government added itself to the case.