It came as little surprise last year when it was reported that the Department of Justice was seeking to take over Trump’s defense in his legal battle with E. Jean Carroll, the former Elle columnist who is suing him for defamation—Trump was still president. At the time, the DOJ argued Trump was “within the scope” of his presidential office when he denied Carroll’s rape allegations.
that the department was not “endorsing the allegedly tortious conduct or representing that it actually furthered the interests of the United States,” it took essentially the same position as it did under Trump.
“The President is an ‘employee of the government,’” reads a Monday brief. “Nothing in the text, purpose, or history of the statutes suggests that they exempt from their coverage the President of the United States.” This assessment amounts to an existential threat for Carroll’s case, which she filed in 2019 after Trumpof leveling false allegations against him “for publicity.” The DOJ’s previous attempts to claim immunity for Trump as a government employee have been thwarted in court, with a judge ruling that the rape allegations have “no relationship to the official business of the United States.”
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