Analysis: Justice Dept.'s move to defend President Trump in defamation suit isn't without precedent.
the DOJ’s certification to the extent it finds that the president was not in fact acting within the scope of his employment. In making this determination, the court will apply New York law defining “scope of employment.”to determine whether at a particular moment an employee is engaged in the employer's business, but the overall question is whether the employee was acting not on his own behalf, but in the “employer's” service.
The DOJ points to an example, a case in which a congressman gave phone interviews to a reporter about his separation from his wife. During one call, he said his wife became uncomfortable in Washington, D.C., living across the street from the headquarters of an Islamic-associated nonprofit after the 9/11 attacks, calling the nonprofit a"fund-raisingfor Hezbollah." When those remarks were published, the nonprofit sued for defamation. The D.C. Court of Appeals applied D.C.
For a plaintiff such as Carroll, reversing the DOJ’s one-sided decision to swap out the United States for an individual defendant is an uphill battle. Yet, this particular case is still a close call. If a court takes the view that the president is the president at all times, it might conclude that statements on a purely personal matter are still within the “scope” of his employment.
If the president was only speaking for personal purposes, about a personal matter that predated his presidency, a court might find that none of this conduct fell within the scope of his employment. Then, the president will be left to defend this case against Carroll as an individual, without the help of the DOJ.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Analysis: How Biden is pressing a two-front war against TrumpCNN News, delivered. Select from our newsletters below and enter your email to subscribe.
Read more »
Justice Department seeks to defend Trump in E. Jean Carroll defamation lawsuitThe DOJ is looking to intervene in a defamation lawsuit filed by journalist E. Jean Carroll against President Donald Trump over his denial of her rape allegation.
Read more »
The DOJ Wants to Defend Trump Against E. Jean Carroll's Defamation LawsuitNearly a year has passed since E. Jean Carroll, the former Elle columnist behind the popular and long-running “Ask E. Jean”, filed a defamation lawsuit against President Donald Trump after he denied Carroll’s allegations that he raped her in the mid-1990s. Carroll first detailed the alleged attack in June of 2019 in an excerpt from her then-unreleased book What Do We Need Men For, which she claims occurred in a dressing room at Bergdorf Goodman. In the weeks and months following the accusation, Carroll was harassed by Trump supporters online, received death threats, and was fired from her position at Elle after 26 years of writing for the publication.
Read more »
E. Jean Carroll 'happy to take them all on' after Barr's DOJ moves to defend TrumpThe writer has said she and her attorney are ready to face the Justice Department after its move to defend President Donald Trump in a defamation lawsuit.
Read more »
Justice Department asks to defend Trump in rape accuser E. Jean Carroll's defamation lawsuitFederal lawyers asked the court to allow a move that could put the American people on the hook for any money she might be awarded.
Read more »
Eric Trump, son of U.S. President Donald Trump, tweets about Dallas Cowboys' 'green light' to protestThe thought that the Dallas Cowboys have been given the 'green light' to protest during the anthem prompted a angry tweet from Eric Trump.
Read more »