Donald Trump cannot be held personally liable for “crude” statements he made as president about the woman accusing him of rape, DOJ attorneys argued Monday in a Manhattan appeals court.
The government attorneys say responding to allegations of misconduct is part of a president’s responsibilities. Accordingly, they say the United States – not the former president – should be the defendant named in a defamation action brought by E. Jean Caroll, a journalist and author who alleges Trump raped her in the 1990s.
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This line of argument began under Attorney General William Barr. And although the Justice Department is under new leadership, its brief filed Monday indicates their strategy remains the same.
“This case does not concern whether Mr. Trump’s response was appropriate. Nor does it turn on the truthfulness of Ms. Carroll’s allegations,” attorneys argued. Instead, they say the case hinges on whether a president acting within the “scope” of his job can be civilly liable.
DOJ attorneys point to the Federal Torts Claims Act (FTCA), which only permits certain lawsuits against federal employees who are on the job.
E. Jean Carroll accused Trump of sexual assault in her 2019 book What Do We Need Men For? She alleges the famous businessman raped her in a Bergdorf Goodman dressing room. Trump claimed he had never met “this person in my life” and called her a liar, prompting her defamation suit.
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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,” adding, “I am angry! I am offended!"
The Associated Press contributed to this article.