In an unprecedented and wholly inappropriate move that wastes taxpayer money, President Donald Trump is now seeking to involve Attorney General Bill Barr and the Department of Justice in the defamation case filed by columnist E. Jean Carroll.
Carroll filed the lawsuit in New York state courts in response to Trump denying that he raped her and defaming her character.
Trump was facing a deposition and could have been forced to provide a DNA sample and documents that would ascertain his guilt. Clearly knowing that the case does not look good for him, Trump is now turning to the DOJ and Bill Barr to protect him.
In a new filing, the DOJ is arguing that government lawyers should be allowed to take over Trump’s defense.
“Because President Trump was acting within the scope of his office or employment at the time of the incident out of which the plaintiff’s claim arose, the United States will file a motion to substitute itself for President Trump in this action,” the DOJ stated.
That means Trump is now using the Department of Justice as his own personal army of lawyers at taxpayer expense.
This kind of maneuver has never been attempted before, especially since the DOJ is not supposed to act as a president’s legal defense team. Taxpayers also should not be on the hook for legal fees or damages awarded to Carroll due to Trump’s misconduct. He should should have to pay any fees or damages himself.
Carroll responded on Twitter.
TO DONALD J. TRUMP
Sir, I and my attorney Robbie Kaplan, are ready! So is every woman who has ever been silenced! So is every American citizen who has been trampled by Bill Barr and the DOJ!
BRING IT!@kaplanrobbie @JoshuaMatz8https://t.co/ebwkZJQTyD
— E. Jean Carroll (@ejeancarroll) September 8, 2020
TRUMP HURLS BILL BARR AT ME.
Just when @realDonaldTrump is required to produce documents and DNA in discovery, he sics the DOJ on us.
THIS IS UNPRECEDENTED!!
My attorney, @kaplanrobbie, and I are happy to TAKE THEM ALL ON! @realDonaldTrump https://t.co/rAmKnqpo5s
— E. Jean Carroll (@ejeancarroll) September 8, 2020
She also released a statement slamming Trump for desperately trying to delay justice.
“Today’s actions demonstrate that Trump will do everything possible, including using the full powers of the federal government, to block discovery from going forward in my case before the upcoming election to try to prevent a jury from ever deciding which one of us is lying,” she said.
Her lawyer also released a statement condemning the interference from the DOJ.
Here is Robbie Kaplan’s reply. She is the greatest attorney in America! pic.twitter.com/tgLBPK5vf2
— E. Jean Carroll (@ejeancarroll) September 8, 2020
Several legal experts have weighed in with expressions of disgust.
So now Barr has decided (1) that Trump somehow was acting *in his official capacity as president* when he called E. Jean Carroll a liar for accusing him of sexual assault, and (2) taxpayers should foot the bill for Trump’s defense.
Another utter debasement of DOJ by Barr.
— Elie Honig (@eliehonig) September 8, 2020
What possible justification is there for the Justice Department to spend our tax dollars defending Trump from decades-old sexual assault allegations? https://t.co/67F31Prs74
— Renato Mariotti (@renato_mariotti) September 8, 2020
Trump also said, “she’s not my type.” I don’t think that’s within the scope of his presidential duties either.
— Joyce Alene (@JoyceWhiteVance) September 8, 2020
Taxpayers should not be funding this defense for alleged conduct occurring in Trump’s personal capacity and before he was president. DOJ is way out of line here. https://t.co/Wze6aKI39b
— Barb McQuade (@BarbMcQuade) September 9, 2020
DOJ is allowed—indeed, it is *required*—to take over tort suits against federal officials for torts committed within the scope of their employment.
But how is claiming that Carroll lied about a decades-old rape allegation within the scope of Trump’s employment *as President*?!? https://t.co/Kc6ZPfy0SU
— Steve Vladeck (@steve_vladeck) September 8, 2020
This is Trump’s last ditch effort to squash this case before Election Day and the judge in the case should reject the scheme. Defamation is not part of the presidential job description, therefore, Trump should be laughed out of the courtroom and immediately forced to hand over his DNA and the documents Carroll has requested. And we all know that he’s guilty because innocent men don’t try to hide behind the Department of Justice.
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