The U.S. Department of Justice has made a ‘wrong and dangerous’ argument to defend former President Donald Trump against a former adviser columnist’s claim that he slandered her when he denied her allegation of rape, her lawyers in the court said.
During Trump’s presidency, the Department of Justice tried to make the United States, not him personally, the accused in E. Jean Carroll’s lawsuit – a move that would put U.S. taxpayers on the hook if she made a payout in the United States. case would get.
The Department of Justice protested that the statements he made about Carroll, including that she ‘completely lies’ about selling a memoir and that ‘she’s not my type’, fall within the job’s position as president. The federal attorneys said he had to respond to her demands because they were essentially questioning his suitability for holding a public office.
In court documents filed late Friday, Carroll’s attorneys said Trump’s comments were ‘personal, not presidential’, and that accepting the Department of Justice’s view would essentially create a rule that would allow federal officials to allow to slander their opponents at will.
“The rule is wrong and dangerous,” Carroll’s lawyers, led by Roberta Kaplan, wrote when they asked a federal appeals court to reject the Justice Department’s argument. “This reflects a disturbing belief that federal officials need free rein to destroy the reputation and livelihood of any suspected critic – no matter how unrelated to government affairs.”
Attorneys for the Justice Department declined to comment. The law firm that personally represented Trump in the case delivered messages.
Carroll claims in 2019 that Trump raped her in a luxury locker room in New York in the mid-1990s after they bumped into each other and started joking about buying lingerie. She tried to get a DNA sample from him to test for male genetic material on a dress she said she wore during the meeting.
Carroll’s lawsuit said his comments polluted her character and harmed her career. She was a long-time columnist for Elle magazine until late 2019.
Last October, a federal judge in Manhattan rejected the government’s bid to make the US the defendant. In the last days of Trump’s presidency, the Department of Justice has appealed.
Government lawyers have written that Trump is expected to respond to questions from the media – such as inquiries about Carroll’s allegations – and act within the parameters of the presidency when he wants to defuse personal issues that affect his ability to achieve his agenda, can be detrimental. ‘
“Similarly, the president … acts within the scope of his office when responding to public critics,” the lawyers said.
Carroll’s attorneys are asking the appellate court to uphold the judge’s ruling.
Carroll said in a statement Friday that the portrayal of Trump’s remarks about her as part of his presidential job was offensive to her.
“I hope it’s offensive to the Justice Department under President (Joe) Biden,” she added.
The Associated Press does not identify people who say they have been sexually assaulted unless they appear in public as Carroll did.