But the judge said its arguments went “much too far” by leaving Trump “free [to] defame anyone who criticises his conduct or impugns his character”, without consequences for the president and regardless of the harm to his target. “No one even arguably directed or controlled President Trump when he commented on the plaintiff’s accusation, which had nothing to do with the official business of government, that he raped her decades before he took office,” Kaplan wrote in a 61-page decision. “A comment about government action, public policy, or even an election is categorically different than a comment about an alleged sexual assault that took place roughly twenty years before the president took office,” he wrote. The Justice Department cannot step in to defend President Trump in the defamation lawsuit brought by E. Jean Carroll, a federal judge ruled Tuesday. Tuesday's ruling reopens Mr. Trump to liability as a private citizen to the defamation claims brought by Carroll, a columnist who last year accused Mr. Trump of sexually assaulting her over two decades ago. He has denied the claims of several women who accused him of sexual misconduct occurring before he took office.
Judge Lewis A. Kaplan rejected the Justice Department's argument that President Trump is a government employee and is therefore protected by The Federal Tort Claims Act (FTCA), a law intended to shield federal employees from civil litigation. “The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the office of the President,” she said. (CNN)A federal judge is set to decide whether to accept the Justice Department's argument that President Donald Trump acted in his official capacity when denying a rape claim made by a longtime magazine columnist, after planned oral arguments to discuss the matter were thwarted Wednesday when a department lawyer was barred from entering the courthouse due to New York's coronavirus-related restrictions. October 27, 2020 / 12:12 PM
In June 2019, Carroll claimed that Mr. Trump sexually assaulted her in the dressing room of Bergdorf Goodman in late 1995 or early 1996. “And no one had the ability to control him.”.
Carroll said in a statement: “When Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. So it's a total false accusation and I don't know anything about her.
Writer E … "In decades now of litigating in courtrooms throughout the country, I've never seen the Department of Justice decline to make an oral argument when all that it meant here would be having to argue by phone," she said. Judge Lewis A. He also alleged Carroll had lied to boost her book sales. …
Carroll was originally suing Mr. Trump in his personal capacity in New York State court, and he was previously represented by private attorneys. Get the latest breaking news delivered straight to your inbox. Carroll filed her case in New York state court, and after Trump challenged it, a trial court judge ruled in August that the lawsuit could proceed, paving the way for Carroll's attorneys to move forward in their, Shortly thereafter, the Justice Department, Trump pushes baseless theory about doctors and virus deaths, These grief-stricken families have a message for voters, Watch buildings collapse as a major earthquake strikes Turkey and Greece, Here's what we know about Nice's deadly knife attack, CNN: New rise in coronavirus cases in counties that held Trump rallies, Dr. Fauci warns: 'We are going in the wrong direction', Dr. Birx vows she won't sit with Trump-picked task force member, Millions left without power as Zeta batters Gulf Coast, Analyst explains why hospitals are vulnerable to hackers, European countries announce sweeping new Covid-19 restrictions, Inside the Mexican factory preparing to produce Covid-19 vaccine, US economy grew in Q3 but the crisis isn't over, Cuomo confronts 'anonymous' op-ed author: You lied to us, Michigan governor on Trump: We deserve better as a nation, Dr. Fauci: US may not be back to normal until 2022, Identity of anonymous Trump admin.
Copyright © 2020 CBS Interactive Inc. All rights reserved. After denying Terrell's request to postpone the hearing, the judge asked the Justice Department lawyers, who participated by phone, if they wanted to present oral arguments by phone, have the judge rule based solely on the written briefs that had already been submitted or have another eligible lawyer participate on their behalf.
Justice Department lawyer William Lane elected to have the judge decide based on the briefs, over the objection of Carroll's lawyer, Roberta Kaplan, who said her client had driven a considerable distance to appear in court Wednesday.
Acting at the behest of US Attorney General William Barr, the US Department of Justice (DOJ) moved the case to federal court, where it said Trump acted in his official capacity when denying Carroll’s claims, and thus could not be sued personally for defamation.
Birx warns of "broad surge" across the country, Trump and Biden hit the Midwest as Texas shatters early voter turnout records, Earthquake strikes Turkey and Greece, killing at least 19, New Orleans cop shot in the face after two officers "ambushed", Walmart returns guns to store floors as unrest "isolated", U.S. surpasses 9 million coronavirus cases, How mail-in ballots and long lines impact minority voters, Third anonymous juror from Breonna Taylor case speaks out, Netflix hikes subscription price, boosted by viewer growth, Battleground Tracker: Latest polls, state of the race and more, 5 things to know about CBS News' 2020 Battleground Tracker, CBS News coverage of voting rights issues. Kaplan later told reporters she was "astonished" by the Justice Department's request. In this comprehensive article, we lay out in simple terms what you need to know What’s the deal with the Hunter Biden email controversy? 7 Pennsylvania counties to wait until after election to count mail ballots, "If Florida goes blue, it's over": Trump and Biden campaign in Florida. A ruling for the government would have shielded Trump from liability and likely doomed Carroll’s defamation claim. Be in the know.
She said the US Supreme Court’s recent rejection of Trump’s claim of absolute immunity from criminal proceedings while in office applied to state court proceedings involving his unofficial or personal conduct. What constitutes defamation varies among jurisdictions, but in the United States generally, a defamation lawsuit is a court action based upon the allegation that the defendant damaged the plaintiff's reputation by way of slander or libel.. How do I vote in my state in the 2020 election? A federal court in Kentucky on Thursday denied The New York Times attempt to dismiss a defamation lawsuit filed by Nicholas Sandmann, the Covington Catholic high school teen whose family sued a group of major media companies and individual media figures after narratives shifted about his face-to-face encounter with a Native American protester at the March for Life in 2019.
Roberta Kaplan – a lawyer for Carroll and no relation to Judge Lewis Kaplan – said they looked forward to pursuing the defamation case in federal court.
Judge rules US cannot shield Trump from rape defamation lawsuit E Jean Carroll has accused Donald Trump of rape and is suing him for defamation over his denial. Justice Department lawyers and Carroll's attorneys had been scheduled to present oral arguments to US District Judge Lewis Kaplan in New York federal court, but about an hour before the appearance was expected to begin, Justice Department lawyer Stephen Terrell filed a letter to the court saying he was unable to enter the courthouse because he had traveled from Virginia. Judge considering DOJ request to represent Trump in rape defamation lawsuit By Erica Orden and Kara Scannell, CNN Updated 6:46 PM ET, Wed …
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