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U.S. Government Reverses Position, Allowing $10 million Defamation Lawsuit Against Former President Donald Trump to Proceed

Former President Donald Trump has suffered a legal setback as the U.S. government reversed its position on his immunity from a defamation lawsuit filed by writer E. Jean Carroll. The U.S. Department of Justice sent a letter to Trump’s and Carroll’s lawyers stating that it no longer believed Trump acted within the scope of his office and employment when he denied raping Carroll in a Manhattan department store dressing room in the mid-1990s. The department’s change of heart means that it will not substitute itself as the defendant, effectively ending Carroll’s case.

The department explained that evidence of Trump’s state of mind, which came to light after their previous certification decision, did not establish that he made the statements with a significant purpose to serve the United States government. This reversal by the Biden administration surprised some observers, as the department had reached the opposite conclusion late in Trump’s presidency.

Trump’s spokesperson, Steven Cheung, accused the Biden administration of politically weaponizing the justice system against Trump and dismissed the department’s move as a partisan sham. Carroll’s lawyer, Roberta Kaplan, welcomed the change, stating that it removes a possible impediment to the scheduled trial in January 2024.

Carroll initially sued Trump after he responded to her rape claim by denying knowing her and stating that she lied to boost sales of her memoir. She filed a second lawsuit after a similar denial in October 2022, which resulted in a $5 million jury verdict against Trump for defaming and sexually abusing her. Trump is currently appealing that verdict.

In response to Trump’s countersuit claiming defamation, Carroll’s lawyers argued that it was an attempt to spin his trial loss and delay the case further. They stated that Carroll did not make her statements with actual malice and that they were substantially true, reflecting her thoughts after the verdict was read.

The case, Carroll v Trump, is set to proceed in the U.S. District Court for the Southern District of New York.
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How did the Biden administration’s reversal on Trump’s immunity affect E. Jean Carroll’s ongoing legal case against the former president

Former President Donald Trump suffered a legal setback as the U.S. government changed its position on his immunity from a defamation lawsuit filed by writer E. Jean Carroll. In a letter to Trump’s and Carroll’s lawyers, the U.S. Department of Justice stated that it no longer believed Trump acted within the scope of his office and employment when he denied raping Carroll in the mid-1990s. This reversal by the Biden administration surprised many observers, as the department had previously reached the opposite conclusion near the end of Trump’s presidency.

The department explained that new evidence of Trump’s state of mind did not establish that he made the statements with a significant purpose to serve the United States government. As a result, the U.S. government will not substitute itself as the defendant, effectively ending Carroll’s case.

Trump’s spokesperson, Steven Cheung, criticized the Biden administration for politicizing the justice system against Trump and dismissed the department’s move as a partisan sham. On the other hand, Carroll’s lawyer, Roberta Kaplan, welcomed the change, saying that it removes a potential obstacle to the trial scheduled for January 2024.

Carroll initially sued Trump after he denied knowing her and accused her of lying to boost sales of her memoir in response to her rape claim. She filed a second lawsuit in October 2022 after a similar denial, which resulted in a $5 million jury verdict in her favor for defamation and sexual abuse. Trump is currently appealing that verdict.

In response to Trump’s countersuit alleging defamation, Carroll’s lawyers argued that it was an attempt to spin his loss in the trial and further delay the case. They asserted that Carroll did not make her statements with actual malice and that they were substantially true, reflecting her thoughts after the verdict was announced.

The case, Carroll v Trump, will proceed in the U.S. District Court for the Southern District of New York.

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