9/8/20
The U.S. Department of Justice wants a state-level defamation lawsuit against Donald Trump to be turned into a federal lawsuit so they can dismiss it altogether, according to reports published Tuesday. This idea marks a new extreme in the DOJ's willingness to defend Donald Trump's personal interests.
The lawsuit is for remarks Trump made after being accused of rape in a memoir by the victim, Jean Carroll, who was a long-time columnist for Elle Magazine. In June 2019, New York Magazine published an excerpt from that memoir, titling the article "Hideous Men: Donald Trump assaulted me in a Bergdorf Goodman dressing room 23 years ago. But he's not alone on the list of awful men in my life."
Trump reacted angrily. "I have no idea who this woman is. This is a woman who's also accused other men of things, as you know. It is a totally false accusation," Trump said. "I think she was married, as I read. I have no idea who she is." He went on to accuse her of making it up for publicity. "It's just as bad for people to believe it, particularly when there is zero evidence. Worse still for a dying publication to try to prop itself up by peddling fake news -- it's an epidemic."
In response, Jean Carroll filed a lawsuit for defamation, asking to depose Trump, and for a DNA sample that she could match to the dress she was wearing.
The idea is that Donald Trump made his remarks in his capacity as POTUS, which is just the same as the United States, and nobody can sue the United States for defamation. That is, it's saying Trump and the US Government are the same entity, for one thing -- and it would mean that the US Government would pay Trump's legal bills instead of the expense coming from Trump's own pocket. Finally, making the case a federal one will render the entire case moot.
What do you think? Is there any reason this case should be in Federal Court?
Is the DOJ just tying to remove the case from a state court because Trump and successor Presidents can’t pardon Trump from state crimes?
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