Lawyers for former President Donald Trump appeared before a federal appeals court to argue that the U.S. government should take his place as the defendant in a defamation lawsuit filed by columnist E. Jean Carroll who accused him of rape.
in the case, saying he was acting within the scope of his office in responding to Carroll’s allegations. The Justice Department has maintained its position during Democratic President Joe Biden’s administration.
Federal law makes it difficult to sue U.S. government employees individually for actions related to their jobs.lead to the dismissal of the case. Federal courts historically haven’t permitted defamation claims against federal employees for actions taken in their official capacity. Justice Department lawyer Mark Freeman told the 2nd U.S. Circuit Court of Appeals of Friday he wasn’t out to “defend or justify” Trump’s comments, calling them “crude and offensive.” “I’m here because any president facing a public accusation of this kind, with the media very interested, would feel obliged to answer questions from the public, answer questions from the media,” Freeman said. “When somebody says he did a heinous crime 20 years ago, he needs to address it,” Habba added, saying that Carroll’s claims essentially assailed Trump’s fitness for office. Carroll’s lawyers, however, argue that Trump’s response went beyond any job obligation. “A White House job is not a promise of an unlimited prerogative to brutalize someone who was a victim of a prior attack,” attorney Joshua Matz said.The Associated Press generally does not identify people who say they have been sexually assaulted unless they choose to tell their stories publicly, as Carroll has done.
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