The U.S. Department of Justice filed a “wrong and dangerous” argument to defend former President Donald Trump against the claim of a former council columnist who defamed her when she denied the rape charge, they reported his lawyers in court.
During Trump’s presidency, the Justice Department tried to turn the United States, not him personally, into the defendant in E. Jean Carroll’s lawsuit, a move that would put American taxpayers stuck if he got a payment in the case.
The Justice Department has argued that the statements he made about Carroll, including that he “totally lied” about selling a memoir and that “it’s not my type,” were part of his job as president. Federal attorneys said he had to respond to their complaints because they were essentially questioning his ability to hold public office.
In court documents filed Friday afternoon, Carroll’s attorneys said Trump’s comments were “personal, not presidential,” and that acceptance of the Justice Department’s opinion would essentially create a rule that would allow Federal officials insult their detractors at will.
“This rule is both erroneous and dangerous,” Carroll’s lawyers, led by Roberta Kaplan, wrote, asking a federal appeals court to dismiss the Justice Department’s argument. “It reflects a disturbing belief that federal officials should be free to destroy the reputation and livelihood of any perceived critic, no matter how unrelated it may be to the business of governance.”
On Saturday morning, messages were sent to Justice Department attorneys about the case and to the law firm he has personally represented Trump in the lawsuit.
Carroll alleged in 2019 that Trump raped her in a locker room of New York luxury department stores in the mid-1990s after they bumped into each other and started joking about buying underwear. She has been trying to get a DNA sample from him to test against male genetic material in a suit he says he wore during the encounter.
Carroll’s lawsuit said his comments suppressed his character and damaged his career. He was a columnist for Elle magazine until the end of 2019.
Last October, a Manhattan federal judge rejected the government’s offer make the US the defendant. In the final days of Trump’s presidency, the Justice Department appealed.
Government attorneys wrote that Trump was expected to answer questions from the media (such as questions about Carroll’s accusations) and act within the parameters of the presidency when he “tries to turn off personal issues that threaten to damage his ability to achieve its agenda “.
“Similarly, the president … acts within the scope of his office when responding to public criticism,” the lawyers said.
Carroll’s lawyers are asking the appellate court to uphold the judge’s decision.
Carroll said in a statement Friday that portraying Trump’s statements about her as part of his presidential job was offensive to him.
“I hope it will be offensive to the Justice Department headed by President (Joe) Biden,” he added.
The Associated Press does not identify people who say they have been sexually assaulted unless they present themselves publicly, as Carroll has done.