Biden office defends Trump in rape defamation case BBC News

09 Juin, 2021, 04:05 | Auteur: Auguste Feret
  • Donald Trump in a rare public appearance yesterday

Former president Donald Trump spent much of the year-plus leading up to the 2020 presidential election strategizing on how to beat the Democratic's eventual nominee, who was announced as now-President Joe Biden in August 2020 at the Democratic National Convention.

Late Monday, Justice Department lawyers submitted a filing to a federal appeals court adopting essentially the same position the department staked out while Trump was still in office - that presidents are covered by the Westfall Act of 1988, which protects government workers from being personally sued for actions related to their official duties.

Trump's response to Carroll's "serious allegations of sexual assault included statements that questioned her credibility in terms that were crude and disrespectful", they said. "Others said Fox News anchor Sean Hannity expressed concern that Biden would collapse under a sustained attack from Trump".

Carroll made her allegation against Trump in an article published by New York Magazine in June 2019.

The case would be dismissed if the DOJ were to replace Trump, because defamation is an intentional tort that isn't covered by the Westfall Act, Stern said.

According to Bender, the theory was presented to Trump by former Clinton White House advisor Dick Morris, who was apparently "quietly advising" the president for the a year ago. Trump is returning from Camp David.

"While we are not going to comment on this ongoing litigation, the American people know well that President Biden and his team have utterly different standards from their predecessors for what qualify as acceptable statements", added Bates, stressing that it was a DOJ matter as it's active litigation.

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Trump has tried to fend off production of his DNA to see if it matches the genetic material that Carroll says Trump left on her dress.

DOJ lawyers are fighting to keep secret a memo that Barr cited to justify his decision not to charge Trump with obstruction of justice during the investigation by special counsel Robert S. Mueller III.

"The DOJ's position is not only legally wrong, it is morally wrong since it would give federal officials free license to cover up private sexual misconduct by publicly brutalizing any woman who has the courage to come forward", she said. "I and my attorneys Robbie Kaplan and Joshua Matz are confident that Judge Kaplan's decision will be affirmed by the Second Circuit". Trump denied the allegations and accused Carroll of lying to sell books.

Given Trump's attempts to politicize the Justice Department, Congress and the public need assurances that these guidelines were followed.

Last month the department acknowledged that during the Trump administration it had acquired telephone records of reporters who work for the Washington Post and the phone and email records of a reporter for CNN - two news outlets repeatedly criticized by the president.

The DOJ had argued that by denying Carroll's allegations, Trump was making it easier for himself to govern due to the seriousness of the accusation. "I understand it, but I think this goes too far".

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