The US justice department reversed a holding first made by the department during Donald Trump's term in office saying that the former president is not immune from a second defamation suit by writer E. Jean Carroll who in May won a $5 million judgement against him for sexual abuse and defamation. Another defamation suit by her is pending against him for comments he made about the commentator during his presidency.
The Department of Justice told lawyers for Donald Trump and E. Jean Carroll that it has "determined that it lacks adequate evidence” to conclude that the former US president was acting within the scope of his employment as president or serving a government function when he criticized the writer.
This means that another defamation trial against Donald Trump can be held. Additionally, the Justice Department will not help defend Donald Trump at the upcoming defamation trial.
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The Justice Department also said new evidence against Donald Trump has surfaced since he left office, adding that it “supports an inference that Mr. Trump was motivated by a ‘personal grievance’ stemming from events that occurred many years prior to Mr. Trump’s presidency."
What was E. Jean Carroll's lawsuit against Donald Trump?
E. Jean Carroll talked about Donald Trump's alleged sexual assault in a 2019 memoir, accusing him of attacking her in a New York department store more than 20 years ago. Donald Trump has alleged that he did not know E. Jean Carroll and accused her of making up a story to hurt him politically.
{{/usCountry}}E. Jean Carroll talked about Donald Trump's alleged sexual assault in a 2019 memoir, accusing him of attacking her in a New York department store more than 20 years ago. Donald Trump has alleged that he did not know E. Jean Carroll and accused her of making up a story to hurt him politically.
{{/usCountry}}A jury found Donald Trump liable for sexual abuse and defamation, assessing damages up to $5 million- a verdict which has been appealed by the former president. E. Jean Carroll has asked for more damages over Donald Trump's comments after the trial.
On DOJ's reversal, E. Jean Carroll's lawyer said that they are grateful that "the Department of Justice has reconsidered its position."
"We have always believed that Donald Trump made his defamatory statements about our client in June 2019 out of personal animus, ill will, and spite, and not as President of the United States," Robbie Kaplan said.