The Justice Department filed a joint motion with lawyers for President Donald Trump to intervene in his appeal of a defamation ruling brought by writer E. Jean Carroll.
Trump was found liable in 2024 for defaming Carroll in 2019 while denying her sexual abuse allegations. At the time, Trump was serving his first term as president. Now in his second term, he is appealing the decision in the U.S. Court of Appeals for the Second Circuit.
In the new filing, the DOJ and Trump’s attorneys argue the comments were made within the scope of his official duties under the Westfall Act, which grants government officials immunity from civil suits for actions taken in their official capacity. They seek to substitute the United States as the defendant in the case.
Kirsten Wilkerson of the DOJ’s Civil Division certified that Trump was acting within his official role when making the statements. The DOJ had initially supported this defense before reversing under President Biden. The department, now under Trump, is seeking to reinstate its support.
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