Thursday, December 3, 2020

Justice Department Cannot Defend Trump Against Rape Charge

The US Department of Justice wanted to defend Donald Trump against a columnist accusing him of rape: a federal judge refused on Tuesday, saying that Mr Trump’s comments, for which he is being sued for defamation, did not do not fall within the scope of his presidential duties.

Columnist E. Jean Carroll, 76, attacked Mr Trump in New York state court in November 2019, accusing him of defaming her for calling his claims a “complete lie”. which he had raped her in the dressing room of a New York department store in the mid-90s.

Mr Trump said in an interview in June 2019 that he had never met her and that she was “not his type of woman.”

In an interview in June 2019, Mr Trump had said that he had never met E. Jean Carroll and President Trump further lower, saying “she was not his type of woman.”

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The complaint has been ongoing since, despite the efforts of one of Mr Trump’s attorneys – Marc Kasowitz – to dismiss the complainant.

At the beginning of September, two months before the presidential election, rebound: the Ministry of Justice asks to replace Mr Kasowitz, on the grounds that “the president was acting within the framework of his function” when he made the allegedly defamatory remarks. Argument deemed “shocking” by the defence, then close to the moment when it could ask the president for DNA samples and a deposition.

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On Tuesday Manhattan federal judge ruled in defence favour: US president, chief executive, is not “a government employee,” and even if he was, “his alleged defamatory statements about Ms. Carroll would not fall within the scope of his employment, “concluded Judge Lewis Kaplan.

His comments concerned an alleged sexual assault that took place several decades before he took office, and the allegations have no relationship to the official business of the United States,” the judge wrote.

While an appeal of this decision is possible, Carroll and her lawyers have welcomed the victory.

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