Trump said she fabricated the story to sell a new book, and added: “She’s not my type.”. Last month, to prevent that case from moving forward, the Justice Department took the unprecedented step of taking over the lawsuit brought by Carroll. ", First published on October 27, 2020 / 12:12 PM. Election Day could turn into "Election Week" with rise in mail ballots. Judge considering DOJ request to represent Trump in rape defamation lawsuit By Erica Orden and Kara Scannell, CNN Updated 6:46 PM ET, Wed … Mr. Trump responded to the accusations on several occasions, as noted in her lawsuit. / CBS News. If the Justice Department is allowed to intervene, it would likely torpedo Carroll's lawsuit, since the federal government can't be sued for defamation. He also said Trump did not make his statements about Carroll in the scope of his employment as president. He has denied the claims of several women who accused him of sexual misconduct occurring before he took office. Acting at the behest of US Attorney General William Barr, the US Department of Justice (DOJ) moved the case to federal court, where it said Trump acted in his official capacity when denying Carroll’s claims, and thus could not be sued personally for defamation. Carroll had sued Trump last November in a New York state court, after he had denied having raped her in Bergdorf Goodman in the mid-1990s or knowing who she was. The DOJ moved the lawsuit to federal court after Justice Verna Saunders of New York state court in Manhattan had in August rejected Trump’s bid to postpone the case. The Justice Department is seeking to replace the President as the defendant in the case and has argued in court filings that Trump's response to Carroll's claims was an effort to preserve his ability to perform the duties of the presidency. Judge Lewis A. Kaplan rejected the Justice Department's argument that President Trump is a government employee and is therefore protected by The Federal Tort Claims Act (FTCA), a law intended to shield federal employees from civil litigation. "I have no idea who she is. What happens if the president doesn't accept the election results? Clarion Ledger: A federal judge has refused to dismiss a Mississippi man's defamation lawsuit against the news website HuffPost over a 2018 story on U.S. Supreme Court Justice Brett Kavanaugh's days at Georgetown Prep school. The Justice Department cannot step in to defend President Trump in the defamation lawsuit brought by E. Jean Carroll, a federal judge ruled Tuesday. What constitutes defamation varies among jurisdictions, but in the United States generally, a defamation lawsuit is a court action based upon the allegation that the defendant damaged the plaintiff's reputation by way of slander or libel.. The DOJ’s intervention put that process on hold. official revealed, efforts to obtain a DNA sample from Trump. Justice Department lawyers and Carroll's attorneys had been scheduled to present oral arguments to US District Judge Lewis Kaplan in New York federal court, but about an hour before the appearance was expected to begin, Justice Department lawyer Stephen Terrell filed a letter to the court saying he was unable to enter the courthouse because he had traveled from Virginia. "His comments concerned an alleged sexual assault that took place several decades before he took office, and the allegations have no relationship to the official business of the United States," Judge Kaplan wrote. Copyright © 2020 CBS Interactive Inc. All rights reserved. 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Carroll filed her case in New York state court, and after Trump challenged it, a trial court judge ruled in August that the lawsuit could proceed, paving the way for Carroll's attorneys to move forward in their, Shortly thereafter, the Justice Department, Trump pushes baseless theory about doctors and virus deaths, These grief-stricken families have a message for voters, Watch buildings collapse as a major earthquake strikes Turkey and Greece, Here's what we know about Nice's deadly knife attack, CNN: New rise in coronavirus cases in counties that held Trump rallies, Dr. Fauci warns: 'We are going in the wrong direction', Dr. Birx vows she won't sit with Trump-picked task force member, Millions left without power as Zeta batters Gulf Coast, Analyst explains why hospitals are vulnerable to hackers, European countries announce sweeping new Covid-19 restrictions, Inside the Mexican factory preparing to produce Covid-19 vaccine, US economy grew in Q3 but the crisis isn't over, Cuomo confronts 'anonymous' op-ed author: You lied to us, Michigan governor on Trump: We deserve better as a nation, Dr. Fauci: US may not be back to normal until 2022, Identity of anonymous Trump admin. Carroll said in a statement: “When Donald Trump called me a liar and denied that he had ever met me, he was not speaking on behalf of the United States. In the wake of Carroll's accusations, Trump denied raping her, telling reporters, "She's not my type." The Justice Department cannot step in to defend President Trump in the defamation lawsuit brought by E. Jean Carroll, a federal judge ruled Tuesday. Rescue efforts under way after deadly earthquake in Turkey, Greece, Libyan PM al-Serraj takes back resignation, Tensions high as Ivory Coast votes in presidential polls, Georgia goes to the polls in test of ruling party’s dominance, Canada aims to bring in over 1.2 million immigrants over 3 years, Tens of thousands of Muslims protest France’s ‘Islamophobia’. … Deadly earthquake rocks western Turkey, Greece, Al Jazeera Centre for Public Liberties & Human Rights. "In decades now of litigating in courtrooms throughout the country, I've never seen the Department of Justice decline to make an oral argument when all that it meant here would be having to argue by phone," she said. A ruling for the government would have shielded Trump from liability and likely doomed Carroll’s defamation claim. And when they do that—and it's happening more and more. A spokesperson for the Justice Department did not immediately respond to requests for comment. E Jean Carroll has accused Donald Trump of rape and is suing him for defamation over his denial. "And, you know, people have to be careful because they're playing with very dangerous territory. But the judge said its arguments went “much too far” by leaving Trump “free [to] defame anyone who criticises his conduct or impugns his character”, without consequences for the president and regardless of the harm to his target. Judge rules US cannot shield Trump from rape defamation lawsuit E Jean Carroll has accused Donald Trump of rape and is suing him for defamation over his denial. Gulfport professor and advocate Derrick Evans’ lawsuit was filed in August 2019 in U.S. District Court in Gulfport against HuffPost.com and its former …

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