Skip to comments.Judge says Justice Department cannot defend Trump in E. Jean Carroll rape defamation suit
Posted on 10/27/2020 10:47:44 AM PDT by Coronal
WASHINGTON A federal judge in New York ruled Tuesday that the Justice Department cannot step in to shield President Donald Trump from a libel lawsuit filed by a woman who claims he raped her in a New York City department store more than 20 years ago.
The Justice Department had sought to block the lawsuit, filed by former gossip columnist E. Jean Carroll, by arguing that the president was acting in his official capacity when he told White House reporters that she made up the rape story.
Carroll sued, claiming that his statements branding her a liar damaged her reputation. Because federal law does not permit suing public officials for libel, the government said, the lawsuit should be dismissed.
But U.S. District Court Judge Lewis Kaplan said in his ruling Tuesday that the government was wrong on two counts. First, he said, the law applies only to federal employees, defined as officers of federal agencies a description that does not include the president, who is in a different legal status.
Second, the judge said, the president's statements about something that happened more than two decades before are not within the scope of his official conduct.
"President Trump's views on the plaintiff's sexual assault allegation may be interesting to some, but they reveal nothing about the operation of government," Kaplan wrote.
"A comment about government action, public policy, or even an election is categorically different than a comment about an alleged sexual assault that took place roughly twenty years before the president took office," he wrote.
Accepting the government's view, he said, "would mean that a president is free to defame anyone who criticizes his conduct or impugns his character."
(Excerpt) Read more at nbcnews.com ...
Right...don’t believe for one minute that this judge has the power to enforce this. Laughable.
Twenty years ago.
What better timing!
Time has not been kind to Jean.
Jean is an evil liar and should be in jail.
I dont believe for one minute the rape accusations either.
Just.in.time for the election news cycle. This will be headlines for the next several days. The Tara Reade story...well...that’s unverified. Or it debunked? Or is it “old news”?
There is no difference between saying:
Its not true.
She made it up.
The first clearly implies the second.
The presumption of innocence also means the presumption that the accuser is not telling the truth, unless they can prove it.
So the suit should be dismissed on the basis that it would require anyone charged with any offense to admit it, or to be sued for not admitting it.
“Accepting the government’s view, he said, “would mean that a president is free to defame anyone who criticizes his conduct or impugns his character.””
Wait a minute. Didn’t this all start off with some women who defamed Trumps character? So Trump didn’t have the right to defend himself? What has our legal system become.
Is she hot? Because if she isnt hot, its not trump and she is a liar.
The United States District Court for the Southern District of New York Senior Judge Lewis A. Kaplan (75) was nominated by President Clinton and confirmed in 1994. There is apparently no picture of him readily available.
This is a defamation suit, filed last November (2019) by E. Jean Carroll, a New York writer, after Trump denied her claims that he raped her in a Bergdorf Goodman dressing room in 1995 or 1996.denied her claims that he raped her in a department store dressing room in the 1990s.
Contemplate this, Rapin Bill judge:
If you believe Donald Trump or ANY well-known celebrity goes shopping and wanders through department stores solo, I’ve got a bridge...
President Trump is “defaming” this lunatic woman but she is not defaming President Trump by falsely accusing him of rape?
Only in New York guys. Only in New York.
Nice smear NBC... The story [as it should be reported] is that this woman tried to smear the president, and when that failed he sued her for defamation.
NOT (as NBC wants to make it appear) that she got raped and now she is suing him.
Trump is the VICTIM here.
She falsely accused him of something. And the entire country of liberals could make false claims against him and ruin him financially if he had to defend himself. That’s what they did to Sarah Palin.
She did it BECAUSE OF his position and so this decision is wrong.
AND you can go inspect it just blocks away!
Agreed, common 'D' tactic, remember Gloria Allred finding that exploited illegal housekeeper several elections back? Sue until election and then ...?
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