The US Justice Department made a “wrong and dangerous” argument to defend former President Donald Trump against a former advisory columnist’s allegation that he defamed her when he denied her rape allegation, her lawyers have told a court.
During Trump’s presidency, the Justice Department tried to indict the United States, not him personally, in E. Jean Carroll’s lawsuit – a move that would get US taxpayers in trouble if they make a payout in the case would receive.
The Justice Department has argued that the statements he made about Carroll, including that she “lied completely” to sell a memoir and that “she’s not my type,” were within the scope of his job as president. Federal lawyers said he had to respond to her claims because they essentially doubted his suitability to hold public office.
In court documents filed late Friday, Carroll’s lawyers said Trump’s comments were “personal, not presidential” – and that accepting the Justice Department’s opinion would essentially create a rule allowing federal officials to denounce their insult opponents at will.
“That rule is both wrong and dangerous,” Carroll’s attorneys, led by Roberta Kaplan, wrote, asking a federal appeals court to dismiss the Justice Department’s argument. “It reflects a troubling belief that federal officials must have a free hand to destroy the reputation and livelihood of any alleged critic, no matter how detached they are from governance affairs.”
Messages were sent to Justice Department attorneys on the case Saturday morning and to the law firm that personally represented Trump in the lawsuit.
Carroll claimed in 2019 that Trump raped her in a dressing room of a luxury New York department store 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 against male genetic material on a dress she wore during the meeting.
Carroll’s lawsuit said his comments sullied her character and damaged her career. She was a longtime columnist for Elle magazine until the end of 2019.
Last October, a federal judge in Manhattan rejected the government’s offer to make the US the defendant. In the closing days of Trump’s presidency, the Justice Department appealed
Government attorneys wrote that Trump was expected to respond to media inquiries – such as inquiries about Carroll’s allegations – and acted within the parameters of the presidency when he “sought to defuse personal issues that affect his ability to push his agenda. accomplish endanger “.
“Likewise, the president … is acting within the scope of his office when responding to public critics,” the lawyers said.
Carroll’s attorneys are asking the appeals court to confirm the judge’s decision.
Carroll said in a statement Friday that it was offensive to her to portray Trump’s comments about her as part of his presidential work.
“I hope it is 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 come out publicly, as Carroll has done.