The U.S. Justice Department has filed a joint motion alongside President Donald Trump’s lawyers, seeking to appeal a defamation case brought against him by E. Jean Carroll.
This case revolves around comments Trump made in 2019, where he denied Carroll’s allegations of sexual abuse. In 2024, a jury found Trump liable for defamation based on these remarks.
At the time of the comments, Trump was serving his first term as president. Now in his second term, Trump is appealing the ruling in the U.S. District Court for the Second Circuit.
In a recent filing, lawyers for both the Justice Department and Trump argued that the president’s remarks fall under the Westfall Act. This law provides government employees with immunity for actions that occur within the scope of their official duties.
The filing further requested that the Justice Department take over as the defendant in the case, substituting Trump’s lawyers. This substitution, according to the filing, is necessary because the Attorney General has certified that Trump’s comments were made within the scope of his presidential duties.
The filing also included a statement from Kirsten Wilkerson, Director of the Torts Branch in the Civil Division of the Justice Department, confirming that Trump was acting within his official role when he made the comments in 2019.
Wilkerson’s certification indicated that, based on the available information, Trump’s actions were part of his duties as president at the time of the alleged incidents.
This move by the Justice Department to support the Westfall Act claims mirrors the department’s stance when the case was initially moving through the federal district court.
However, in July 2023, during the presidency of Joe Biden, the department withdrew its support for this claim, asserting that Trump was not acting within the scope of his presidential duties.
Now, with the current administration under Trump, the Justice Department is attempting to reinstate the Westfall Act defense as the president challenges the jury’s decision in the case.