Lawyers for E. Jean Carroll, who accuses President Donald Trump of raping her in the 1990s, asked for a DNA sample. | AP Photo/Seth Wenig . “It offends me as a lawyer, and offends me even more as a citizen. E. Jean Carroll talks to reporters outside a courthouse in New York on March 4, 2020. Yet Barr is indeed demanding that the federal courts grant Trump immunity for repeated, and gratuitous, alleged defamations, of his own alleged rape victim no less.
Accordingly, if the attorney general has his way, the president’s freedom to defame will be effectively unbounded.Pressing the law to its limits, and beyond, to serve the president is, of course, nothing new for the nation’s chief law enforcement officer, who most recently motioned to dismiss charges against Michael Flynn, Trump’s former National Security officer, for lying to the FBI about his discussions with the Russian ambassador following the 2016 election about Trump’s plans to go easy on Russia once he took office.

The DOJ’s motion was premised on the absurd contention that Flynn, who twice pleaded guilty, is not guilty. Carroll’s lawsuit says: “The rape of a woman is a violent crime; compounding that crime with acts of malicious libel is abhorrent. And she's made this charge against others.” Trump also called Carroll’s book a “disgrace” and said he could not have raped her because she was not “his type.”Following Trump’s denials and attacks on her character, Carroll Central to the court’s reasoning was that “‘the presidency and the President are indeed separable’ and thus, ‘the President is presumptively subject to civil liability for conduct that has taken place in his private capacity,’" such as allegedly lying about his own alleged sexual misconduct.

Carroll says the pair eventually ended up in a lingerie section dressing room where Trump assaulted and raped her.Trump issued several denials of Carroll’s story, including a written statement in which he insisted he’d never met her, despite a photo she has of the pair together. The Cincinnati-based 6th Circuit Court of Appeals That suit involved no allegations of personal misconduct by Warren or Haaland, but Justice Department attorneys also pointed to In the exchange, Ballenger said one reason for the separation was that his wife was uncomfortable living across the street from the offices of the Council on American Islamic Relations, which he called “the fundraising arm for Hezbollah.” The group sued Ballenger for slander, but a judge agreed that the congressman was seeking to preserve his official reputation when he addressed the question about his marriage.Carroll claimed in a book and in interviews last year that in 1995 or 1996 she ran into Trump at a Bergdorf Goodman store and agreed to help him pick out a gift.
And she's made this charge against others.” Trump also called Carroll’s book a “disgrace” and said he could not have raped her because she was not “his type.”Following Trump’s denials and attacks on her character, Carroll Central to the court’s reasoning was that “‘the presidency and the President are indeed separable’ and thus, ‘the President is presumptively subject to civil liability for conduct that has taken place in his private capacity,’" such as allegedly lying about his own alleged sexual misconduct. E Jean Carroll. Circuit made an important qualification, stating that it did not intend “to immunize many federal employees for any gratuitous slander in the context of statements of a purely personal nature." What she did is—it's terrible, what's going on. He also denied her account in an exchange with reporters on the White House South Lawn before boarding Marine One and in an Oval Office interview with The Hill newspaper.

Trump responded to Carroll’s allegations not only by repeatedly denying her allegations of sexual assault, but indeed by going so far as to assert that he did not know her at all, despite the existence of a photograph of the two of them together. If, after a lawsuit against a federal employee is filed in a state court, the attorney general, or an official acting on his behalf, issues a certification that the action arose from the employee’s performance of their official duties, he can direct the case to be removed to a federal court and to have the United States take the employee’s place as a defendant. With the New York court’s decision, the stage was set for Trump to be ordered to comply with a demand toBut as has occurred so many times, Donald Trump was rescued by his fixer at the Department of Justice, William Barr.

Under the governing federal law, the DOJ certification that a defendant employee acted within the scope of his official duties is all it takes to remove a case from a state to a federal court, and to keep it there, regardless of whether the federal courts ultimately agree with the Barr DOJ’s certification.Accordingly, even if the courts ultimately determine that Trump’s alleged defamations were not sufficiently related to his official duties, and thus that he is not immune from suit, the case will nonetheless remain in federal court. The DOJ’s effort to prevent the trial court from holding a hearing on the department’s motion to dismiss before ruling upon it was recently rejected by an appellate court.Even if the federal courts ultimately reject the DOJ’s “certification” that Trump allegedly defamed his own rape victim in his official capacity as the nation’s chief executive, and deny Trump immunity, Trump will nonetheless obtain the primary benefit the attorney general is seeking for his client in the White House: Delay and escape from a state court judge who ruled against Trump.


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