World News – US – Trump must remain defendant in rape libel complaint filed by rules judge E Jean Carroll

0
1

A federal judge ruled on Tuesday that President Donald Trump must remain a defendant in a lawsuit in which he was accused of defaming writer E Jean Carroll after he said he raped her in the mid-years 1990

Judge Lewis Kaplan has denied efforts by the Justice Department to have the US government replace Trump in the trial

The DOJ had claimed that the president was acting as a government employee when he said Carroll was lying and was motivated by money after he said he assaulted her in a large locker room. new york store

For this reason, the DOJ said, the government should be the defendant in Carroll’s civil lawsuit, not the president

Judge Lewis Kaplan categorically rejected this argument on Tuesday His decision came days after a bizarre aborted court hearing in which a DOJ lawyer refused to make his claim orally over the phone or face a refusal entry to courthouse due to New York coronavirus restrictions

« The President of the United States is not a government employee within the meaning of the relevant laws, » Kaplan wrote in his order, released to US Manhattan District Court

« Even if he was such an employee, President Trump’s allegedly defamatory statements regarding Ms. Carroll would not have been in the course of her employment. As a result, the motion to replace the United States in place of the President Trump is defeated « 

The move comes a week before election day Trump is fighting former Vice President Joe Biden, the Democratic candidate, for a second term in the White House

If the DOJ had succeeded in replacing Trump as the defendant in the case, the government, and therefore US taxpayers, would have been liable for any financial damage to Carroll had the writer proven his libel claim

Kaplan’s ruling noted that the United States government cannot be sued for damages due to a concept known as sovereign immunity unless the government explicitly agrees to be sued under a law known as the Federal Tort Claims Act

« The FTCA allows claims for damages for negligence and certain other torts committed by government employees in the course of their employment, » Kaplan noted

But, the judge noted, « The FTCA specifically excludes libel and slander cases from US consent to prosecution »

« So if this is really a lawsuit against the United States, it is an action for which the United States has apparently not waived its sovereign immunity, » which would mean that the Carroll case may have to be dismissed outright

The question then becomes whether « Trump is a ‘government employee’ within the meaning of the FTCA, and whether his statements about Ms. Carroll were » within his mandate « ,

« Although the president has all the executive power of the United States, he is not an ’employee’ within the meaning of the FTCA, » wrote the judge

« And even though the President was an employee under that statute, his statements regarding Ms. Carroll were not in the course of her employment under the law of the relevant jurisdiction, which for the reasons explained below below is Washington, DC, ”the judge wrote

In one case, a federal judge denied his efforts to bar Manhattan District Attorney Cyrus Vance Jr from executing a grand jury subpoena to obtain Trump’s tax returns from Trump accounting firm plans to ask Supreme Court to overturn federal appeals court ruling upholding subpoena decision

In another case, the Trump organization lost an attempt to delay the testimony of the president’s son, Eric Trump, in an investigation by the New York State Attorney General’s office into the assessment of properties owned by Trump for tax and other purposes ends

Data is a real-time snapshot * Data is delayed by at least 15 minutes Global business and financial news, stock quotes and market data and analysis

Donald Trump, United States Department of Justice, E Jean Carroll

World news – United States – Trump must remain defendant in rape defamation complaint filed by E Jean Carroll, rules judge

Source: https://www.cnbc.com/2020/10/27/trump-must-remain-defendant-in-e-jean-carroll-rape-defamation-suit.html

Abonnez-vous à notre chaîne Youtube en cliquant ici

Vidéo du jour: De la cocaïne retrouvée dans une école maternelle de Seine Saint Denis, deux enfants hospitalisés

– Pub –