Trump- Rape Hearing Case-

Regular Member Posts : 7317 Join date : 2014-07-29

10-21-2020

Judge shoots down effort to delay hearing on Trump rape case —
after Barr’s DOJ was caught lying.

The United States Department of Justice received a public rebuke from a federal judge on Wednesday.

At issue was a hearing about the DOJ’s efforts to have taxpayer-funded lawyers defend President Donald Trump in a civil case over whether he defamed E. Jean Carroll after she accused him of rape.

The DOJ attempted to delay the case after a government attorney was denied access to the courthouse due to COVID-19 travel restrictions.

The DOJ claimed that the new rules had started on Tuesday, even though Gov. Andrew Cuomo had announced the ban a week earlier.

The judge denied the motion and noted the hearing could be conducted by phone.

The judge added that “contrary to the government’s suggestion, it appears that Virginia was added to the list of Restricted States over a week ago.”

The order was posted to Twitter by Courthouse News reporter Adam Klasfeld:

Regular Member Posts : 7317 Join date : 2014-07-29

A federal judge on Tuesday rejected the Justice Department’s attempt to represent the president in E Jean Carroll’s defamation lawsuit against President Trump.

Carroll, a former Elle columnist, claimed in a book Donald Trump raped her in a Bergdorf Goodman dressing room in the 1990s, allegations he has denied. She sued him for defamation last year after he called her a liar and said she made up the accusation to sell books.

“While the president possesses all of the executive power of the United States, he is not an 'employee' within the meaning of the FTCA,” Judge Lewis Kaplan said, referring to the Federal Tort Claims Act, which shields federal employees from individual damages claims. “The FTCA’s definition of that term does not include presidents.”

MORE: Trump accuser E. Jean Carroll appears in court in defamation lawsuit

Carroll has described the Justice Department’s attempted intervention in her case as part of a pattern of the Justice Department acting as President Trump’s personal law firm.

“There is not a single person in the United States — not the president and not anyone else — whose job description includes slandering women they sexually assaulted,” Carroll’s attorney, Roberta Kaplan, wrote earlier this month in a legal brief.

Judge Kaplan, no relation, appeared to agree.

“The government thus asserts that this case is virtually identical in principle to a lawsuit against a Postal Service driver for causing a car accident while delivering the mail," he said in the decision. "But the word 'virtually' in the last sentence is necessary because there is an important difference between this case and the case of the hypothetical mail driver."

MORE: Trump can't stop defamation lawsuit by E. Jean Carroll, who accused him of rape, judge says

Roberta Kaplan, Carroll's lawyer, said in a statement Tuesday: “The simple truth is that President Trump defamed our client because she was brave enough to reveal that he had sexually assaulted her, and that brutal, personal attack cannot be attributed to the Office of the President. Judge Kaplan’s words speak for themselves."

Regular Member Posts : 7317 Join date : 2014-07-29

11-20-2020

Federal Judge Strikes DOJ from the Docket in E. Jean Carroll’s Rape Case Against Donald Trump.

In late October, a federal judge denied the Department of Justice’s effort to fend off rape allegations against President Donald Trump in a defamation suit on the taxpayer’s dime, but the court’s docket did not catch up with that reality for weeks.

U.S. District Judge Lewis Kaplan made the record abundantly clear in a 1-page order on Friday.

“[T]he docket sheet erroneously lists Mr. [Stephen] Terrell and another attorney as counsel for defendant Trump,” Kaplan wrote, referring to a Justice Department lawyer. “That is incorrect. They represent only the United States.”

Carroll says that Trump defamed her by denying that he raped her in the dressing room of the department store Bergdorf Goodman in the 1990s.

The Justice Department tried to barge into the case in September, insisting that Trump responding to rape allegations with comments like “She’s not my type” is just one of the duties befitting of the President of the United States.

Carroll’s legal described that proposition as wrong and obscene the next month.

“There is not a single person in the United States —
not the president and not anyone else —
whose job description includes slandering women they sexually assaulted,” attorney Roberta Kaplan wrote last month in a blistering legal brief.
“That should not be a controversial proposition.
Remarkably, however,
the Justice Department seeks to prove it wrong.”

The Justice Department nevertheless persisted, only for Judge Kaplan to reject their effort mere days before the presidential election.

“As explained above, the undisputed facts demonstrate that President Trump was not acting in furtherance of any duties owed to any arguable employer when he made the statements at issue,” the judge said.
“His comments concerned an alleged sexual assault that took place several decades before he took office, and the allegations have no relationship to the official business of the United States. To conclude otherwise would require the Court to adopt a view that virtually everything the president does is within the public interest by virtue of his office. The government has provided no support for that theory, and the Court rejects it as too expansive.”

The judge ordered on Friday that Trump’s prior private counsel in the state lawsuit represent the outgoing president in federal court.

“Accordingly, by virtue of their appearance on behalf of Mr. Trump in the state court, Messrs. [Marc] Kasowitz and Burgo and Ms. Montenegro represent Mr. Trump in this removed action unless and until relieved by this Court,” the order said, referring to Trump campaign’s lawyer for the investigations into Russian interference in the 2016 elections.

Kasowitz did not immediately respond to an email requesting comment.

An initial pre-trial conference has been scheduled for Dec. 11 at 9:30 a.m. Eastern Time.

Read Judge Kaplan’s order below:

[ Trump- Rape Hearing Case- Carroll-v-trump-p1-large

Trump- Rape Hearing Case- Carroll-v-trump-p1-large

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