The United States Department of Justice (DOJ) has changed its stance and now believes that former President Donald Trump should not be immune from E. Jean Carroll’s defamation lawsuit.
The lawsuit stems from Carroll’s accusation of sexual assault against Trump, which he vehemently denied. The DOJ’s reversal clears the way for the civil lawsuit to proceed to trial in January.
The Justice Department had previously supported the idea that Trump was acting within the scope of his duties when he denied Carroll’s allegations. However, the recent developments have prompted a shift in their position. In a letter to lawyers representing both Trump and Carroll, DOJ lawyers said, “The Department has determined that it lacks adequate evidence” to support the claim that Trump was acting within his employment or serving the US government when he made the disputed statements.
The change in position eliminates a legal hurdle that would have potentially led to the dismissal of Carroll’s defamation lawsuit. The case had been on hold pending clarification on the scope of an employee’s duties, which was provided by a Washington, DC court earlier this year.
Furthermore, the DOJ’s reconsideration takes into account Trump’s deposition played during the battery and defamation trial, as well as his repeated denials long after leaving office. The DOJ’s lawyers argued that these statements suggest Trump was motivated by personal grievances rather than a desire to protect and serve the United States government.
Carroll’s lawyer, Roberta Kaplan, expressed gratitude for the DOJ’s revised position, stating, “We have always believed that Donald Trump made his defamatory statements about our client out of personal animus, ill will, and spite, and not as President of the United States.”
In a separate lawsuit filed by Carroll last year, a federal jury found Trump liable for defamation and battery, awarding her $5 million in damages. Trump is currently appealing that decision, which does not carry any jail time.
The trial for Carroll’s defamation lawsuit is scheduled for January, coinciding with the start of the presidential primary season. Trump’s attorneys have not yet provided a comment on the recent developments.
This turn of events signifies a significant shift in the legal landscape surrounding Trump’s immunity from Carroll’s lawsuit, and sets the stage for a potentially consequential trial in the coming months.