Trump Acted in 'Scope of His Office' in Calling E. Jean Carroll a 'Liar': DOJ Lawyers
The Justice Department decided that former President Donald Trump will not be held liable for his language used against E. Jean Carroll, a woman who accused him of rape, the Associated Press reported.
The government's lawyers said responding to misconduct allegations is part of the president's job, and since he responded while he was still president, he should not be held accountable. The defendant in the lawsuit would be the United States and not Trump.
"Calling a woman you sexually assaulted a 'liar,' a 'slut,' or 'not my type,' as Donald Trump did here, is not the official act of an American president," Carroll's attorney, Roberta Kaplan, responded.
For more reporting from the Associated Press, see below.
Former U.S. Attorney General William Barr's intervention last October was criticized on the campaign trail by then-Democratic candidate Joe Biden, who said it was inappropriate for the Justice Department to attempt to intervene in a private legal battle over Trump's personal conduct.
The Justice Department's consistency in sticking with the case, even after Trump lost the election, has been cited by some as proof that Biden is keeping his word that he won't try to influence the department's moves.
Kaplan said in a statement that it was "horrific" that Trump raped her client but it was "truly shocking that the current Department of Justice would allow Donald Trump to get away with lying about it, thereby depriving our client of her day in court."
"The DOJ's position is not only legally wrong, it is morally wrong since it would give federal officials free license to cover up private sexual misconduct by publicly brutalizing any woman who has the courage to come forward," she said.
In a statement, Carroll said: "As women across the country are standing up and holding men accountable for assault — the DOJ is trying to stop me from having that same right. I am angry! I am offended!"
Justice Department lawyers wrote that Trump was acting "within the scope of his office" in denying wrongdoing after White House reporters asked him about Carroll's claims.
They said: "Elected public officials can — and often must — address allegations regarding personal wrongdoing that inspire doubt about their suitability for office."
"Even reprehensible conduct ... can fall within the scope of employment," the lawyers wrote, conceding that Trump used "crude and disrespectful" language in questioning Carroll's credibility.
They said comments attacking her appearance, impugning her motives and implying she had made false accusations against others "were without question unnecessary and inappropriate." But they said they "all pertained to the denial of wrongdoing."
The papers were filed after the Justice Department appealed a decision by Judge Lewis A. Kaplan, who ruled in October that Trump cannot use a law protecting federal employees from being sued individually for things they do within the scope of their employment.
Arguments supporting the Justice Department's position were also filed Monday by a personal lawyer for Trump.
