Judge: US can't replace Trump in accuser's defamation suit
NEW YORK (AP) — On Tuesday, a federal judge dismissed President Donald Trump 's appeal for a defamation case in the United States replacing him with the United States charging that he had assaulted a woman in the department store in Manhattan in the 1990's.
The decision of the United States
District Judge Lewis A. Kaplan had argued after the Department of Justice had argued that Trump, as defendant in a case brought by columnist E, could be substituted by the US, and by default by the American public.
Jean Carroll.-Jean Carroll.
The U.S. could serve as claimant because Trump was compelled to address her case in order to justify his capacity to function physically and psychologically.
Roberta Kaplan, Carroll's counsel, considered her client a simple win.
"President Trump defamed our client clearly when she had been courageous enough to announce that he had attacked her sexually and that the position of the President can not be attribute a brutal personal assault," Kaplan said in a statement.
Messages for Trump attorneys and the Department of Justice requesting comment were gone on Tuesday.
The judge found that a provision shielding government workers from specific claims over things they do not extend to a President.
"The President of the United States is not a federal employee within the scope of the laws involved," Kaplan wrote.
"And though he was such a worker, Chairman Trumps may not have been beyond the limits of his role, potentially defamatory comments about Carroll.
The motion to replace President Trump for the United States is also rejected.
Carroll's attorneys have written that 'only in an insane universe will Trump be willing to slander a girl who he had sexually abused.' He might in some sense be presidential.
After his lawyer's ban from the Manhattan federal Court last week, the Department of Justice focused entirely on written evidence in the case, when he did not isolate a state on a listing of states with extremely large coronavirus examination rates for two weeks.
Former advisor to Elle magazine Carroll claimed in her complaint that she and Trump met at a chance meeting in Bergdorf Goodman in the fall 1995 or spring of 1996, when they remembered one another.
She claimed that, as they went to a changing room she had instructed Trump to drive her back against a wall and abuse her that they had chatted with her light-heartedly about trying out a lilac gray bodysuit.
Trump claimed Carroll was "totally misleading" to market a book, but in 1987 a picture revealed her and her partners at a social function. He said Carroll was lying.
He said that the photo taken the moment he stood in a line.
Carroll, who seeks undisclosed damage and a retraction of Trump's comments, is still searching for a Trump DNA sample to see whether it is matched to the male genetic material contained in a dress she used to wear during the alleged assault.
The Associated Press does not report those who claim that they were sexually attacked until, as Carroll has done, they come out publicly.